SCHOO] 


L  LAWS 


OF  THE 


State  of  Colorado 

u.  s.  A.         I 


Including,  Among  Other  Things,  Provisions  of  the  Act  of 

Congress  Granting  Lands  to  the  State  for  Educational 

Purposes,  and  Parts  of  the  Constitution  Concerning 

Educational  Institutions. 


KATHERINE  M.  COOK 
State   Superintendent  of  Public  Instructio 
1909-1910 


1909 

THE  BMITH -BROOKS  COMPANY.  STATE  PRINTERS 
DENVER,  COLORADO 


GIFT   OF 


SCHOOL  LAWS 


OF  THE 


State  of  Colorado 

U.S.'  A. 


Including,  Among  Other  Things,  Provisions  of  the  Act  of 

Congress  Granting  Lands  to  the  State  for  Educational 

Purposes,  and  Parts  of  the  Constitution  Concerning 

Educational  Institutions. 


KATHERINE  M.  COOK 

State  Superintendent  of  Public  Instruction 

1909-1910 


1909 

THE  SMITH-BROOKS  COMPANY,  STATE  PRINTERS 
DENVER,  COLORADO 


STATE  OF  COLORADO 

DEPARTMENT  OF  PUBLIC  INSTRUCTION 


This  compilation  of  .the  School  Laws  is  made  in  compliance 
with  the  statute,  which  provides  that  the  state  superintendent 
"shall  have  the  laws  relating  to  public  schools  printed  in  pam- 
phlet form,  and  annexed  thereto  forms  for  making  reports  and 
conducting  school  business,  and  shall  supply  school  officers,  school 
libraries  and  state  libraries  with  a  copy  each." 

This  work  embraces  the  statutes  now  in  force,  including 
those  passed  by  the  legislature  of  1909;  all  the  provisions  of  the 
Enabling  Act,  Constitution  of  the  State,  and  Federal  Statutes 
pertaining  to  public  schools.  The  sections  have  been  rearranged 
and  numbered  according  to  the  Revised  Statutes  of  Colorado. 
In  order  to  obviate  the  difficulties  which  have  arisen  from  the 
conflicting  statements  relating  to  Union  and  County  High  Schools, 
the  laws  applicable  thereto  have  been  arranged  under  separate 
headings. 


Superintendent  of  Public  Instruction. 
DENVER,  COLORADO,  September  25,  1909. 


TABLE  OF 

Page 

Appeals 102 

Appendix  109 

Compulsory  Education  14 

Constitution    5 

County  Government   24 

County  High  School 81,  84 

County  and  Union  High  Schools 84 

County  School  Tax , .  44 

County  Superintendent    39 

Crimes 24 

Delinquent  Children   23 

District  Bonds 69,  88 

Duties  of  County  Treasurer 47 

Duties  of  Officers 65 

Elections  27,  58 

Enabling  Act   4 

Federal  Statutes 4 

Fees  and  Salaries 27 

Flags 28 

Holidays « 29 

Justices  and  Constables 31 

Miscellaneous    • 104 

Mute  and  Blind 32 

Powers  and  Duties  of  Officers  and  Directors 60,  85 

Public  Contracts 32 

Public  Health 33 

Refunding  Bonds 76 

School  Districts   50 

School  Funds   42 

School  Government  55 

Special  District  Meetings 77 

Special  Funds 46 

State  Board  of  Education 33 

State  Normal  Schools 106 

State  Superintendent   .36 

Teachers 95 

Teachers'  Institutes 100 

Truant  Schools 92 

Union  High  Schools 78,  84 

Union  and  County  High  Schools 84 

381483 


THE  ENABLING  ACT. 


Act  of  Congress,  March  3,  1875. 
7.     Lands  for  schools. 

The  sections  numbered  sixteen  and  thirty-six  in  every  town- 
ship, and  where  such  sections  have  been  sold  or  otherwise  dis- 
posed of  by  any  act  of  congress,  other  lands  equivalent  thereto 
in  legal  subdivisions  of  not  more  than  one  quarter-section,  and 
as  contiguous  as  may  be,  are  hereby  granted  to  said  state  for  the 
support  of  common  schools. 

10.     Seventy-two  sections  for  university. 

That,  seventy-two  other  sections  of  land  shall  be  set  apart 
and  reserved  for  the  use  and  support  of  a  state  university,  to  be 
selected  and  approved  in  manner  as  aforesaid,  and  to  be  appro- 
priated and  applied  as  the  legislature  of  said  state  may  prescribe 
for  the  purpose  named  and  for  no  other  purpose. 

14.  School  lands — how  sold — price. 

That  the  two  sections  of  land  in  each  township  herein 
granted  for  the  support  of  common  schools,  shall  be  disposed 
of  only  at  public  sale,  and  at  a  price  not  less  than  two  dollars 
and  fifty  cents  per  acre,  the  proceeds  to  constitute  a  permanent 
school  fund,  the  interest  of  which  is  to  be  expended  in  the  sup- 
port of  common  schools. 

15.  Mineral  lands  excepted. 

That  all  mineral  lands  shall  be  excepted  from  the  operation 
and  grants  of  this  act. 

FINES   UNDER  FEDERAL  STATUTES. 

Sec.  52.  Whoever  shall  willfully  set  on  fire,  or  cause  to  be  set 
on  fire,  any  timber,  underbrush,  or  grass  upon  the  public  domain, 
or  shall  leave  or  suffer  fire  to  burn  unattended  near  any  timber  or 
other  inflammable  material,  shall  be  fined  not  more  than  five 
thousand  dollars,  or  imprisoned  not  more  than  two  years,  or 
both.  [Federal  Criminal  Code. 

Sec.  53.  Whoever  shall  build  a  fire  in  or  near  any  forest  tim- 
ber, or  other  inflammable  material  upon  the  public  domain  shall, 
before  leaving  said  fire,  totally  extinguish  the  same ;  and  whoever 
shall  fail  to  do  so  shall  be  fined  not  more  than  one  thousand 
dollars,  or  imprisoned  not  more  than  one  year  or  both.  [Federal 
Criminal  Code. 

Sec.  54.  In  all  cases  arising  under  the  two  preceding  sections 
the  fines  collected  shall  be  paid  into  the  public  school  fund  of  the 
county  in  which  the  lands  where  the  offense  was  committed 
are  situated.  [Federal  Criminal  Code. 


CONSTITUTION  OF  COLORADO,  1876. 


ARTICLE  IV. 


EXECUTIVE   DEPARTMENT. 


1.     Term  of  office — residence — duties — seat  of  government. 

The  executive  department  shall  consist  of  a  governor, 
lieutenant-governor,  secretary  of  state,  auditor  of  state,  state 
treasurer,  attorney-general,  and  superintendent  of  public  instruc- 
tion, each  of  whom  shall  hold  his  office  for  the  term  of  two 
years,  beginning  on  the  second  Tuesday  of  January  next  after 
his  election;  *  *  *  The  officers  of  the  executive  department, 
except  the  lieutenant-governor,  shall,  during  their  term  of  office, 
reside  at  the  seat  of  government,  where  they  shall  keep  the 
public  records,  books  and  papers.  They  shall  perform  such  duties 
as  are  prescribed  by  this  constitution  or  by  law. 

4.     Eligibility — first  election — thereafter — age — residence. 

No  person  shall  be  eligible  to  the  office  of  governor,  lieuten- 
ant governor,  or  superintendent  of  public  instruction,  unless  he 
shall  have  attained  the  age  of  thirty  years.  *  *  *  no  person 
shall  be  eligible  to  any  one  of  said  offices,  unless,  in  addition  to 
the  qualifications  above  prescribed  therefor,  he  shall  be  a  citizen 
of  the  United  States,  and  have  resided  within  the  limits  of  the 
state  two  years  next  preceding  his  election. 

6.     Governor  appoint  officers — vacancy — election — senate  confirms. 

*  *  *  If  the  office  of  auditor  of  state,  state  treasurer, 
secretary  of  state,  attorney-general,  or  superintendent  of  public 
instruction,  shall  be  vacated  by  death,  resignation  or  otherwise, 
it  shall  be  the  duty  of  the  governor  to  fill  the  same  by  appoint- 
ment, and  the  appointee  shall  hold  his  office  until  his  successor 
shall  be  elected  and  qualified  in  such  manner  as  may  be  provided 
by  law.  *  *  * 

20.     Superintendent  of  public  instruction,  ex  officlo  librarian. 

The  superintendent  of  public  instruction  shall  be  ex  officio 
state  librarian. 


6  SCHOOL    LAWS    OP 

ARTICLE  VII. 

SUFFRAGE  AND   ELECTIONS. 
1.     Citizenship. 

Every  person  over  the  age  of  twenty-one  years,  possessing 
the  following  qualifications,  shall  be  entitled  to  vote  at  all 
elections :  He  or  she  shall  be  a  citizen  of  the  United  States,  and 
shall  have  resided  in  the  state  twelve  months  immediately  pre- 
ceding the  election  at  which  he  offers  to  vote,  and  in  the  county, 
city,  town,  ward  or  precinct,  such  time  as  may  be  prescribed  by 
law. 

4.  Absence  in  civil  or  military  service. 

For  the  purpose  of  voting  and  eligibility  to  office,  no  person 
shall  be  deemed  to  have  gained  a  residence  by  reason  of  his 
presence,  or  lost  it  by  reason  of  his  absence,  while  in  the  civil 
or  military  service  of  the  state,  or  of  the  United  States,  nor 
while  a  student  at  any  institution  of  learning,  nor  while  kept  at 
public  expense  in  any  poorhouse  or  other  asylum,  nor  while  con- 
fined in  public  prison. 

5.  Privilege  of  voters. 

Voters  shall  in  all  cases,  except  treason,  felony  or  breach 
of  the  peace,  be  privileged  from  arrest  during  their  attendance  at 
elections,  and  in  going  to  and  returning  therefrom. 

6.  Electors  only  eligible  to  office. 

No  person  except  a  qualified  elector  shall  be  elected  or  ap 
pointed  to  any  civil  or  military  office  in  the  state. 

10.     Prisoners  disqualified — restoration — pardon  or  full  service. 

No  person  while  confined  in  any  public  prison  shall  be 
entitled  to  vote;  but  every  such  person  who  was  a  qualified 
elector  prior  to  such  imprisonment,  and  who  is  released  there- 
from by  virtue  of  a  pardon,  or  by  virtue  of  having  served  out 
his  full  term  of  imprisonment,  shall,  without  further  action,  be 
invested  with  all  the  rights  of  citizenship,  except  as  otherwise 
provided  in  this  constitution. 


TIII-:  STATI;  OF  COLORADO.  7 

ARTICLE  VIII. 
STATE   INSTITUTIONS. 

1.     Charitable  institutions  established. 

Educational,  reformatory  and  penal  institutions,  and  those 
for  the  benefit  of  the  insane,  blind,  deaf  and  mute,  and  such  other 
institutions  as  the  public  good  may  require,  shall  be  established 
and  supported  by  the  state,  in  such  manner  as  may  be  prescribed 
by  law. 

5.     Territorial  institutions  become  state — transfer. 

The  following  territorial  institutions,  to-wit:  The  Uni- 
versity at  Boulder,  the  Agricultural  College  at  Fort  Collins,  the 
School  of  Mines  at  Golden,  the  Institute  for  the  Education  of 
Mutes  at  Colorado  Springs,  shall,  upon  the  adoption  of  this  con- 
stitution, become  institutions  of  the  state  of  Colorado,  and  the 
management  thereof  subject  to  the  control  of  the  state,  under 
such  laws  and  regulations  as  the  general  assembly  shall  provide; 
and  the  location  of  said  institutions,  as  well  as  all  gifts,  grants 
and  appropriations  of  money  and  property,  real  and  personal, 
heretofore  made  to  said  several  institutions,  are  hereby  confirmed 
to  the  use  and  benefit  of  the  same  respectively;  Provided,  This 
section  shall  not  apply  to  any  institution,  the  property,  real  or 
personal,  of  which  is  now  vested  in  the  trustees  thereof,  until 
such  property  be  transferred  by  proper  conveyance,  together  with 
the  control  thereof,  to  the  officers  provided  for  the  management 
of  said  institution  by  this  constitution,  or  by  law. 


ARTICLE  IX. 
EDUCATION. 

1.  Board  of  education — members — president. 

The  general  supervision  of  the  public  schools  of  the  state 
shall  be  vested  in  a  board  of  education,  wrhose  powers  and  duties 
shall  be  prescribed  by  law;  the  superintendent  of  public  instruc- 
tion, the  secretary  of  state  and  attorney-general  shall  constitute 
the  board,  of  which  the  superintendent  of  public  instruction  shall 
be  president. 

2.  Free  schools — one  in  each  district — three  months. 

The  general  assembly  shall,  as  soon  as  practicable,  provide 
for  the  establishment  and  maintenance  of  a  thorough  and  uni- 


8  SCHOOL    LAWS    OF 

form  system  of  free  public  schools  throughout  the  state,  wherein 
all  residents  of  the  state  between  the  ages  of  six  and  twenty-one 
years  may  be  educated  gratuitously.  One  or  more  public  schools 
shall  be  maintained  in  each  school  district  within  the  state,  at 
least  three  months  in  each  year;  any  school  district  failing  to 
have  such  school  shall  not  be  entitled  to  receive  any  portion  of 
the  school  fund  for  that  year. 

3.  School  fund  inviolate — state  treasurer  custodian. 

The  public  school  fund  of  the  state  shall  forever  remain 
inviolate  and  intact;  the  interest  thereon  shall  only  be  ex- 
pended in  the  maintenance  of  the  schools  of  the  state,  and  shall 
be  distributed  amongst  the  several  counties  and  school  districts 
of  the  state,  in  such  manner  as  may  be  prescribed  by  law.  No 
part  of  this  fund,  principal  or  interest,  shall  ever  be  transferred 
to  any  other  fund,  or  used  or  appropriated  except  as  herein  pro- 
vided. The  state  treasurer  shall  be  the  custodian  of  this  fund, 
and  the  same  shall  be  securely  and  profitably  invested  as  may  be 
by  law  directed.  The  state  shall  supply  all  losses  thereof  that 
may  in  any  manner  occur. 

4.  County  treasurer  collect  and  disburse — warrants. 

Each  county  treasurer  shall  collect  all  school  funds  belong 
ing  to  his  county,  and  the  several  school  districts  therein,  and 
disburse  the  same  to  the  proper  districts  upon  warrants  drawn 
by  the  county  superintendent  or  by  the  proper  district  authori- 
ties, as  may  be  provided  by  law. 

5.  School  fund — of  what  consists. 

The  public  school  fund  of  the  state  shall  consist  of  the  pro- 
ceeds of  such  lands  as  have  heretofore  been,  or  may  hereafter  be, 
granted  to  the  state  by  the  general  government  for  educational 
purposes;  all  estates  that  may  escheat  to  the  state;  also  all  other 
grants,  gifts  or  devises  that  may  be  made  to  this  state  for  educa- 
tional purposes. 

6.  County  superintendent — commissioner  of  lands. 

There  shall  be  a  county  superintendent  of  schools  in  each 
county,  whose  term  of  office  shall  be  two  years,  and  whose  duties, 
qualifications  and  compensation  shall  be  prescribed  by  law.  He 
shall  be  ex  officio  commissioner  of  lands  within  his  county,  and 
shall  discharge  the  duties  of  said  office  under  the  direction  of  the 
state  board  of  land  commissioners,  as  directed  bv  law. 


THE    STATE    OF    COLORADO.  9 

7.  Aid  to  sectarian  schools,  churches  forbidden. 

Neither  the  general  assembly,  nor  any  county,  city,  town, 
township,  school  district,  or  other  public  corporation,  shall 
ever  make  any  appropriation,  or  pay  from  any  public  fund  or 
moneys  whatever,  anything  in  aid  of  any  church  or  sectarian 
society,  or  for  any  sectarian  purpose,  or  to  help  support  or  sus- 
tain any  school,  academy,  seminary,  college,  university  or  other 
literary  or  scientific  institution,  controlled  by  any  church  or  sec- 
tarian denomination  whatsoever;  nor  shall  any  grant  or  dona- 
tion of  land,  money,  or  other  personal  property,  ever  be  made 
by  the  state,  or  any  such  public  corporation,  to  any  church,  or 
for  any  sectarian  purpose. 

8.  Religious  test  forbidden — sectarian  tenets — race,  color. 

No  religious  test  or  qualification  shall  ever  be  required  of 
any  person  as  a  condition  of  admission  into  any  public  educa- 
tional institution  of  the  state,  either  as  teacher  or  student;  and 
no  teacher  or  student  of  any  such  institution  shall  ever  be  re- 
quired to  attend  or  participate  in  any  religious  service  whatever. 
No  sectarian  tenets  or  doctrines  shall  ever  be  taught  in  the  public 
schools,  nor  shall  any  distinction  or  classification  of  pupils  be 
made  on  account  of  race  or  color. 

9.  Board  of  land  commissioners — members — powers. 

The  governor,  superintendent  of  public  instruction,  secretary 
of  state  and  attorney-general  shall  constitute  the  state  board  of 
land  commissioners,  who  shall  have  the  direction,  control  and 
disposition  of  the  public  lands  of  the  state,  under  such  regula- 
tions as  may  be  prescribed  by  law. 

10.  Public  lands — location — sale — disposal. 

It  shall  be  the  duty  of  the  state  board  of  land  commissioners 
to  provide  for  the  location,  protection,  sale  or  other  disposition  of 
all  the  lands  heretofore,  or  which  may  hereafter,  be  granted  to 
the  state  by  the  general  government,  under  such  regulations  as 
may  be  prescribed  by  law;  and  in  such  manner  as  will  secure  the 
maximum  possible  amount  therefor.  No  law  shall  ever  be  passed 
by  the  general  assembly  granting  any  privileges  to  persons  who 
may  have  settled  upon  any  such  public  lands  subsequent  to  the 
survey  thereof  by  the  general  government,  by  which  the  amount 
to  be  derived  by  the  sale,  or  other  disposition,  of  such  lands,  shall 
be  diminished,  directly  or  indirectly.  The  general  assembly  shall, 
at  the  earliest  practicable  period,  provide  by  law  that  the  several 
grants  of  land  made  by  congress  to  the  state  shall  be  judiciously 


10  SCHOOL    LAWS   OF 

located  and  carefully  preserved  and  held  in  trust,  subject  to  dis- 
posal, for  the  use  and  benefit  of  the  respective  objects  for  which 
said  grants  of  land  were  made;  and  the  general  assembly  shall 
provide  for  the  sale  of  said  lands  from  time  to  time;  and  for  the 
faithful  application  of  the  proceeds  thereof  in  accordance  with 
the  terms  of  said  grant. 

11.  Compulsory  education. 

The  general  assembly  may  require,  by  law,  that  every  child 
of  sufficient  mental  and  physical  ability,  shall  attend  the  public 
school,  during  the  period  between  the  ages  of  six  and  eighteen 
years,  for  a  time  equivalent  to  three  years,  unless  educated  by 
other  means. 

12.  University — regents — election. 

There  shall  be  elected  by  the  qualified  electors  of  the 
state,  at  the  first  general  election  under  this  constitution,  six 
regents  of  the  university,  who  shall  immediately  after  their  elec- 
tion be  so  classified,  by  lot,  that  two  shall  hold  their  office  for 
the  term  of  two  years,  two  for  four  years,  and  two  for  six  years; 
and  every  two  years  after  the  first  election  there  shall  be  elected 
two  regents  of  the  university,  whose  term  of  office  shall  be  six 
years.  The  regents  thus  elected,  and  their  successors,  shall  con- 
stitute a  body  corporate,  to  be  known  by  the  name  and  style  of 
"f  he  Kegents  of  the  University  of  Colorado." 

13.  Regents  elect  president — powers. 

The  regents  of  the  university  shall,  at  their  first  meeting,  or 
as  soon  thereafter  as  practicable,  elect  a  president  of  the  univer- 
sity, who  shall  hold  his  office  until  removed  by  the  board  of 
regents  for  cause;  he  shall  be  ex  officio  a  member  of  the  board, 
with  the  privilege  of  speaking,  but  not  of  voting,  except  in  cases 
of  a  tie ;  he  shall  preside  at  the  meetings  of  the  board,  and  be  the 
principal  executive  officer  of  the  university,  and  a  member  of  the 
faculty  thereof. 

14.  Regents  control  university — funds. 

The  board  of  regents  shall  have  the  general  supervision  of 
the  university,  and  the  exclusive  control  and  direction  of  all 
funds  of,  and  appropriations  to  the  university. 

15.  School  districts — board  of  education. 

The  general  assembly  shall,  by  law,  proA?ide  for  organization 
of  school  districts  of  convenient  size,  in  each  of  which  shall  be 


THE    STATE    OF    COLORADO.  11 

established  a  board  of  education,  to  consist  of  three  or  more 
directors,  to  be  elected  by  the  qualified  electors  of  the  district. 
Said  directors  shall  have  control  of  instruction  in  the  public- 
schools  of  their  respective  districts. 

16.     Text  books — general  assembly  nor  board  shall  prescribe. 

Neither  the  general  assembly  nor  the  state  board  of  educa- 
tion shall  have  power  to  prescribe  text  books  to  be  used  in  the 
public  schools. 


ARTICLE  X. 

i 
REVENUE. 

5.     Exemption — lots — buildings  for  worship — schools. 

Lots,  with  the  buildings  thereon,  if  said  buildings  are  used 
solely  and  exclusively  for  religious  worship,  for  schools,  or  for 
strictly  charitable  purposes,  also  cemeteries  not  used  or  held  for 
private  or  corporate  profit,  shall  be  exempt  from  taxation,  unless 
otherwise  provided  by  general  law. 

10.     Corporations  subject  to  tax. 

All  corporations  in  the  state,  or  doing  business  therein,  shall 
be  subject  to  taxation  for  state,  county,  school,  municipal  and 
other  purposes,  on  the  real  and  personal  property  owned  or  used 
by  them  within  the  territorial  limits  of  the  authority  levying  the 
tax. 

13.     Making  profit  on  public  money  felony. 

The  making  of  profit,  directly  or  indirectly,  out.  of  state, 
county,  city,  town  or  school  district  money,  or  using  the  same  for 
any  purpose  not  authorized  by  law,  by  any  public  officer,  shall 
be  deemed  a  felony,  and  shall  be  punished  as  provided  by  law. 


ARTICLE  XL 

PUBLIC   INDEBTEDNESS. 

1.     Lending  or  pledging  credit  of  state,  county,  city,  etc.,  forbidden. 

Neither  Hie  slate,  nor  any  county,  city,  town,  township  or 
school  district,  shall  lend  or  pledge  the  credit  or  faith  thereof, 
directly  or  indirectly,  in  any  manner  to  or  in  aid  of,  any  person. 


12  SCHOOL   LAWS   OF 

company  or  corporation,  public  or  private,  for  any  amount  or  for 
any  purpose  whatever,  or  become  responsible  for  any  debt,  con- 
tract or  liability  of  any  person,  company  or  corporation,  public 
or  private,  in  or  out  of  the  state. 

2.     Aid  to  corporations — interest  in — by  state,  county,  city — joint  owner- 
ship. 

Neither  the  state  nor  any  county,  city,  town,  township  or 
school  district  shall  make  any  donation  or  grant  to,  or  in  aid  of, 
or  become  a  subscriber  to,  or  shareholder  in,  any  corporation  or 
company,  or  a  joint  owner  with  any  person,  company  or  corpora- 
tion, public  or  private,  in  or  out  of  the  state,  except  as  to  such 
ownership  as  may  accrue  to  the  state  by  escheat  or  by  for- 
feiture, by  operation  or  provision  of  law;  and  except  as  to  such 
ownership  as  may  accrue  to  the  state,  or  to  any  county,  city, 
town,  township  or  school  district,  or  to  either  or  any  of  them, 
jointly  with  any  person,  company  or  corporation,  by  forfeiture 
or  sale  of  real  estate  for  non-payment  of  taxes,  or  by  donation 
or  devise  for  public  use,  or  by  purchase  by  or  on  behalf  of  any 
or  either  of  them,  jointly  with  any  or  either  of  them,  under 
execution  in  cases  of  fines,  penalties  or  forfeiture  of  recogni- 
zance, breach  of  condition  of  official  bond,  or  of  bond  to  secure 
public  moneys,  or  the  performance  of  any  contract  in  which 
they  or  any  of  them  may  be  jointly  or  severally  interested. 

7.     Loans  for  school  buildings — vote — qualification. 

No  debt  by  loan  in  any  form  shall  be  contracted  by  any 
school  district  for  the  purpose  of  erecting  and  furnishing  school 
buildings,  or  purchasing  grounds,  unless  the  proposition  to 
create  such  debt  shall  first  be  submitted  to  such  qualified  elec- 
tors of  the  district  as  shall  have  paid  a  school  tax  therein,  in 
the  year  next  preceding  such  election,  and  a  majority  of  those 
voting  thereon  shall  vote  in  favor  of  incurring  such  debt 

9.     This  article  not  affect  prior  obligations. 

Nothing  contained  in  this  article  shall  be  so  construed  as 
to  either  impair  or  add  to  the  obligation  of  any  debt  heretofore 
contracted  by  any  county,  city,  town,  or  school  district,  in 
accordance  with  the  laws  of  Colorado  territory,  or  prevent  the 
contracting  of  any  debt,  or  the  issuing  of  bonds  therefor,  in 
accordance  with  said  laws,  upon  any  proposition  for  that  pur- 
pose which  may  have  been,  according  to  said  laws,  submitted 
to  a  vote  of  the  qualified  electors  of  any  county,  city,  town  or 
school  district,  before  the  day  on  which  this  constitution  takes 
effect. 


THE    STATE    OF    COLORADO.  13 

ARTICLE  X1L 

OFFICERS. 

8.  Civil  officers — oath. 

Every  civil  officer,  except  members  of  the  general  assembly 
and  such  inferior  officers  as  may  be  by  law  exempted,  shall, 
before  he  enters  upon  the  duties  of  his  office,  take  and  subscribe 
an  oath  or  affirmation  to  support  the  constitution  of  the  United 
States  and  of  the  state  of  Colorado,  and  to  faithfully  perform 
the  duties  of  the  office  upon  which  he  is  about  to  enter. 

9.  Oaths,  where  filed — with  whom. 

Officers  of  the  executive  department  and  judges  of  the 
supreme  and  district  courts,  and  district  attorneys,  shall  file 
their  oaths  of  office  with  the  secretary  of  state;  every  other 
officer  shall  file  his  oath  of  office  with  the  county  clerk  of  the 
county  wherein  he  shall  have  been  elected. 

10.  Refusal  to  qualify — vacancy. 

If  any  person  elected  or  appointed  to  any  office  shall  refuse 
or  neglect  to  qualify  therein  within  the  time  prescribed  by  law, 
such  office  shall  be  deemed  vacant. 

11.  Vacancy — term  of  officer  elected  to  fill. 

The  term  of  office  of  any  officer  elected  to  fill  a  vacancy 
shall  terminate  at  the  expiration  of  the  term  during  which  the 
vacancy  occurred. 


ARTICLE  XIV. 

COUNTIES. 
8.     Clerk  and  recorder — sheriff,  coroner,  treasurer,  etc. — election. 

There  shall  be  elected  in  each  county  at  the  same  time  at 
which  members  of  the  general  assembly  are  elected,  commenc- 
ing in  the  year  nineteen  hundred  and  four,  one  county  clerk, 
who  shall  be  ex  offlcio  recorder  of  deeds  and  clerk  of  the  board 
of  county  commissioners;  one  sheriff;  one  coroner;  one  treas- 
urer, who  shall  be  collector  of  taxes;  one  county  superintendent 
of  schools;  one  county  surveyor;  one  county  assessor;  and  one 
county  attorney,  who  may  be  elected,  or  appointed,  as  shall  be 
provided  by  law;  and  such  officers  shall  be  paid  such  salary  or 


14  SCHOOL    LAWS   OF 

compensation,  either  from  the  fees,  perquisites  and  emoluments 
of  their  respective  offices,  or  from  the  general  county  fund,  as 
may  be  provided  by  law.  The  term  of  office  of  all  such  officials 
that  expire  in  January,  1904,  is  hereby  extended  to  the  second 
Tuesday  in  January,  A.  D.  1905. 

9.  Vacancies — appointments — governor — county  commissioners. 

In  case  of  a  vacancy  occurring  in  the  office  of  county  com- 
missioner, the  governor  shall  fill  the  same  by  appointment;  and 
in  the  case  of  a  vacancy  in  any  other  county  office,  or  in  any 
precinct  office,  the  board  of  county  commissioners  shall  fill  the 
same  by  appointment;  and  the  person  appointed  shall  hold  the 
office  until  the  next  general  election,  or  until  the  vacancy  be 
filled  by  election  according  to  law. 

10.  Elector  only  eligible. 

No  person  shall  be  eligible  to  any  county  office  unless  he  be 
a  qualified  elector;  nor  unless  he  shall  have  resided  in  the 
county  one  year  preceding  his  election. 

15.     Classifying  counties  as  to  fees. 

For  the  purpose  of  providing  for  and  regulating  the  com- 
pensation of  county  and  precinct  officers  the  general  assembly 
shall  by  law  classify  the  several  counties  of  the  state  according 
to  population,  and  shall  grade  and  fix  the  compensation  of  the 
officers  within  the  respective  classes  according  to  the  population 
thereof.  Such  law  shall  establish  scales  of  fees  to  be  charged 
and  collected  by  such  of  the  county  and  precinct  officers  as  may 
be  designated  therein  for  services  to  be  performed  by  them 
respectively;  and  where  salaries  are  provided,  the  same  shall 
be  payable  only  out  of  the  fees  actually  collected  in  all  cases 
where  fees  are  prescribed.  All  fees,  perquisites  and  emolu- 
ments above  the  amount  of  such,  salaries  shall  be  paid  into  the 
county  treasury. 

COMPULSORY   EDUCATION. 

530.     Education   of  children — hearing  on   application  for   exemptions — ap- 
peals. 

That  in  all  school  districts  of  this  state,  all  parents, 
guardians  and  other  persons  having  care  of  children  shall 
instruct  them,  or  cause  them  to  be  instructed,  in  reading,  writ- 
ing, spelling,  English  grammar,  geography  and  arithmetic.  In 
such  districts,  every  parent,  guardian  or  other  person  having 
charge  of  any  child  between  the  ages  of  eight  (8)  and  sixteen 


THE    STATE    OF    COLORADO.  15 

10)  years,  shall  send  such  child  to  a  public,  private  or  parochial 
school  for  the*  entire  school  year  during  which  the  public 
schools  are  in  session  in  such  districts;  Provided,  hoivever,  That 
this  act  shall  not  apply  to  children  over  fourteen  (14)  years  of 
age  where  such  child  shall  have  completed  the  eighth  grade, 
or  may  be  eligible  to  enter  any  high  school  in  such  district,  or 
where  its  help  is  necessary  for  its  own  or  its  parents'  support, 
or  where  for  good  cause  shown  it  would  be  for  the  best  inter- 
ests of  such  child  to  be  relieved  from  the  provisions  of  this  act; 
Provided,  further.  That  if  such  child  is  being  sufficiently  in- 
structed at  home  by  a  person  qualified,  such  child  shall  not 
be  subject  to  the  provisions  of  this  act;  And  provided,  further, 
That  if  a  reputable  physician  within  the  district  shall  certify 
in  writing  that  the  child's  bodily  or  mental  condition  does  not 
permit  its  attendance  at  school,  such  child  shall  be  exempt 
during  such  period  of  disability  from  the  requirements  of  this 
act.  It  shall  be  the  duty  of  the  superintendent  of  the  school 
district,  if  there  be  such  superintendent,  and,  if  not,  then  the 
county  superintendent  of  schools,  to  hear  and  determine  all 
applications  of  children  desiring  for  any  of  the  causes  men- 
tioned herein  to  be  exempted  from  the  provisions  of  this  act, 
md  if  upon  such  application  such  superintendent  hearing  the 
same  shall  be  of  the  opinion  that  such  child  is  for  any  reason 
entitled  to  be  exempted  as  aforesaid,  then  such  superintendent 
shall  issue. a  written  permit  to  such  child,  stating  therein  his 
reasons  for  such  exemption.  An  appeal  may  be  taken  from 
the  decision  of  such  superintendent  so  passing  upon  such  appli- 
<  at  ion  to  the  county  court  of  the  county  in  which  such  district 
lies,  upon  such  child  making  such  application  and  filing  the 
saui"  with  the  clerk  or  judge  of  said  court  within  ten  days 
after  its  refusal  by  such  superintendent,  for  which  no  fee  to 
exceed  the  sum  of  one  dollar  shall  be  charged,  and  the  decision 
of  the  county  court  shall  be  final.  An  application  for  release 
from  the  provisions  of  this  act  shall  not  be  renewed  oftener 
than  once  in  three  months. 

531.     Employment  of  children  under  the  age  of  fourteen. 

No  child  under  the  age  of  14  years  shall  be  employed 
by  any  person,  persons,  company  or  corporations  during 
flie  school  term  and  while  the  public  schools  are  in  session, 
unless  the  parent,  guardian  or  person  in  charge  of  such  child 
shall  have  fully  complied  with  section  one  of  this  act.  Every 
such  employer  shall  require  proof  of  such  compliance,  and  shall 
make  and  keep  a  written  record  of  the  proof  given,  which  shall 
be  subject  to  the  inspe<  tion  of  the  truant  officer,  superintendent 


16  SCHOOL    LAWS    OF 

of  schools,  or  any  school  director  of  the  district.  Any  employer 
employing  any  child  contrary  to  the  provisions  of  this  section, 
shall  be  fined  not  less  than  twenty-five  nor  more  than  one  hun- 
dred dollars. 

[Section  1  referred  to  is  section  530.] 

532.  Illiterate  children  between  the  ages  of  fourteen  and  sixteen  attend 

school. 

All  minors  over  the  age  of  14  years  and  under  the 
age  of  16  years  who  can  not  read  and  write  the  English  lan- 
guage, shall  attend  school  at  least  one-half  day  of  each  day, 
or  attend  a  public  night  school,  or  take  regular  private  instruc- 
tion from  some  person  qualified,  in  the  opinion  of  the  county 
superintendent  of  schools,  in  which  such  district  or  the  greater 
portion  of  the  same  lies,  until  such  minor  obtains  a  certificate 
from  such  superintendent  that  he  or  she  can  read  at  sight  and 
write  legibly,  simple  sentences  in  English.  Every  employer 
employing  or  having  in  employment  any  such  minor  shall 
exact  as  a  condition  of  employment  the  school  attendance  or 
instruction  required  by  this  section,  and  shall  on  request  of 
the  truant  officer,  furnish  the  evidence  that  such  minor  is  com- 
plying with  the  requirements  of  this  section.  Every  employer 
failing  to  comply  with  the  requirements  of  this  section  as  to  any 
minor  employed  by  him  or  in  his  employ,  shall  be  fined  not  less 
than  twenty-five  dollars,  and  not  more  than  one  hundred  dollars; 
Provided,  That  any  employer  with  the  approval  or  consent  of 
the  county  superintendent  of  schools  may  make  provision  for 
the  private  instruction  of  minors  in  his  employ. 

533.  Juvenile  disorderly  person. 

Every  child  within  the  provisions  of  this  act  who  does 
not  attend  school,  as  provided  in  section  1  of  this  act,  or 
who  is  in  attendance  at  any  public,  private  or  parochial  school, 
and  is  vicious,  incorrigible  or  immoral  in  conduct,  or  who  is  an 
habitual  truant  from  school,  or  who  habitually  wanders  about 
the  streets  and  public  places  during  school  hours  without  any 
lawful  occupation  or  employment,  or  who  habitually  wanders 
about  the  streets  in  the  night  time,  having  no  employment  or 
lawful  occupation,  shall  be  deemed  a  juvenile  disorderly  per- 
son, and  be  subject  to  the  provisions  of  this  act. 

[Section  1  referred  to  is  section  530.] 

534.  Truant  officer — compensation — powers — duties. 

To  aid  in  the  enforcement  of  this  act,  the  board  of 
school  directors  in  districts  of  the  first  and  second  class  shall 


THE    STATE    OF    COLORADO.  17 

have  power,  and  it  shall  be  their  duty,  to  appoint  one  or 
more  truant  officers  whose  compensation  shall  be  fixed  by  the 
board  appointing  him.  The  truant  officer  shall  be  vested  with 
police  powers,  and  shall  have  authority  to  enter  workshops, 
factories,  stores  and  all  other  places  where  children  may  be 
employed,  in  the  way  of  investigation  or  otherwise,  to  enforce 
this  act.  The  truant  officer  shall  institute  proceedings  against 
any  officer,  parent,  guardian,  person  or  corporation  who  shall 
violate  any  of  the.  provisions  of  this  act,  and  shall  otherwise 
discharge  the  provisions  of  this  act  and  perform  such  other 
services  as  the  county  superintendent  of  schools  or  the  board 
of  directors  of  the  school  district  may  deem  necessary  to  pre- 
serve the  morals  and  secure  the  good  conduct  of  school  chil 
dren,  and  to  enforce  this  act.  The  truant  officer  shall  keep  a 
record  of  his  transactions  for  the  inspection  of  the  county 
superintendent  of  schools  and  of  the  directors  of  the  school 
district,  and  suitable  blanks  shall  be  provided  for  his  use  by  the 
secretary  of  the  school  district. 

535.     Truant  officer  warn  guardian  of  truancy — failure  of  guardian  to  com- 
pel  attendance — penalty. 

The  truant  officer  shall  examine  into  any  case  of  truancy 
within  his  district,  and  shall  warn  the  parent,  guardian, 
or  others  in  charge  of  the  child  of  the  final  consequence  of 
truancy  if  persisted  in.  When  any  child  between  the  ages  of 
eight  and  fourteen  years,  or  any  child  between  the  ages  of 
fourteen  and  sixteen  years,  who  can  not  read  and  write  the 
English  language,  or  is  not  engaged  in  some  regular  employ- 
ment, or  any  child  between  the  age  of  fourteen  years  and  six- 
teen years  who  has  been  discharged  from  employment  to  obtain 
instruction  or  schooling,  is  not  attending  school  without  lawful 
excuse  and  in  violation  of  the  provisions  of  this  act,  the  truant 
officer  shall  notify  the  parent,  guardian,  or  other  person  in 
charge,  of  the  fact,  and  require  such  person  to  cause  the  child 
TO  attend  some  recognized  school  within  five  days  from  the 
date  of  the  notice,  and  it  shall  be  the  duty  of  such  person  so 
to  cause  its  attendance  at  some  recognized  school.  Upon  fail- 
ure to  do  so,  the  truant  officer  shall  make  complaint  in  the 
county  court  of  the  county  in  which  such  child  lives,  against 
the  parent,  guardian  or  other  person  having  such  child  in 
charge,  and  upon  conviction,  the  parent,  guardian  or  other 
person  in  charge,  shall  be  fined  not  less  than  five  dollars  nor 
more  than  twenty  dollars,  or  the  court  may,  in  its  discretion, 
require  the  person  so  convicted  to  give  a  bond  in  the  penal 
sum  of  $100,  with  sureties  to  the  approval  of  the  judge  of  such 


18  SCHOOL    LAWS    OF 

court,  conditioned  that  he  or  she  will  cause  the  child  under  his 
or  her  care  to  attend  some  recognized  school  within  five  days 
thereafter,  and  to  remain  at  school  during  the  term  prescribed 
by  law.  And  upon  the  failure  or  refusal  of  the  parent,  guardian 
or  other  person  to  pay  such  fine  or  furnish  such  bond  accord 
ing  to  the  order  of  the  court,  the  said  parent,  guardian  or  other 
person  shall  be  imprisoned  in  the  county  jail  not  less  than  ten 
days  nor  more  than  thirty  days.  For  violation  of  the  bond,  suit 
may  be  brought  in  any  court  of  competent  jurisdiction,  in  the 
name  of  the  school  district,  and  the  amount  recovered  shall  go 
to  the  school  fund  of  the  district.  If  the  parent,  guardian  or 
other  person  shall  prove  his  inability  to  cause  the  child  to 
attend  a  recognized  school,  it  shall  be  a  defense,  but  the  child 
shall  be  deemed  a  juvenile  disorderly  person  within  the  mean- 
ing of  section  4  of  this  act. 

[Section  4  referred  to  is  section  533.] 

536.  Commitment  of  juvenile  disorderly  person — discharge. 

Whenever  a  child  shall  be  a  juvenile  disorderly  person 
within  the  meaning  of  this  act,  the  truant  officer,  or  any 
school  teacher,  or  other  reputable  person,  may  make  complaint 
in  the  county  court  of  the  county  in  which  such  child  resides. 
The  county  court  shall  hear  and  determine  such  complaint,  and 
if  it  is  determined  that  such  child  is  a  juvenile  disorderly  per- 
son within  the  meaning  of  this  act,  he  or  she  shall  be  com- 
mitted to  a  children's  home,  if  eligible,  or  to  the  boys'  indus- 
trial school  or  to  the  girls'  industrial  school,  or  to  some  other 
training  school,  taking  into  account  the  years  of  the  child  with 
reference  to  the  institution  selected.  Any  child  committed  to 
a  children's  home,  on  its  being  shown  to  the  judge  of  said  court 
that  it  is  incorrigible  and  vicious,  may  be  transferred  to  the 
industrial  school  or  other  proper  institution.  No  child 
committed  to  any  reformatory  shall  be  detained  beyond  its 
majority,  and  may  be  discharged  sooner  or  be  paroled  by  the 
trustees  or  board  of  control  under  rules  and  restrictions  appli- 
cable to  other  inmates.  Any  order  of  commitment  may  be 
suspended  by  the  judge  of  the  county  court  during  such  time 
as  the  child  may  regularly  attend  school  and  properly  conduct 
itself.  The  expense  of  the  transportation  of  the  child  to  the 
juvenile  reformatory,  and  of  the  costs  of  the  case  in  which  the 
order  of  commitment  is  made,  shall  be  paid  by  the  county  from 
which  the  child  is  committed. 

537.  Truant  officer  report  to  charity  authorities — child  unable  to  attend 

school. 

When  any  truant  officer  is  satisfied  that  any  child 
within  the  requirements  of  this  act  is  unable  to  attend 


THE    STATE    OF    COLORADO.  19 

school  because  required  to  work  at  home  or  elsewhere  iu  order 
to  support  itself  or  help  or  support  others  legally  entitled  to 
its  services,  the  truant  officer  shall  report  the  case  to  the 
authorities  charged  with  the  relief  of  the  poor,  who  shall  there- 
upon afford  such  relief  as  will  enable  the  child  to  attend  school; 
Provided,  That  such  child  shall  not  be  required  to  attend  more 
than  three  hours  a  day  during  school  days:  In  case  the  child 
or  its  parents  or  guardians  neglect  or  refuse  to  take  advantage 
of  such  provision  made  for  its  instruction,  such  child  may  be 
committed  to  a  children's  home  or  juvenile  reformatory,  as 
hereinbefore  provided. 

538.  Fine  for  violation  of  act. 

Any  person  who  violates  any  provision  of  this  act,  for  which 
a  penalty  is  not  herein  provided,  shall  be  fined  not  more  than 
fifty  dollars. 

[This  act  comprises  sections  530  to  540.] 

539.  Penalty  for  second  violation. 

Every  person  who,  after  having  been  convicted  once 
of  violating  any  of .  the  provisions  of  this  act,  shall  be  con- 
victed a  second  time  of  a  similar  offense,  may,  in  addition  to 
the  punishment  by  way  of  fine  elsewhere  provided  for,  be  im- 
prisoned not  less  than  10  days  nor  more  than  30  days;  Provided, 
That  in  all  cases  arising  under  this  act  in  which  a  fine  or 
imprisonment  may  be  a  part  of  the  judgment,  trial  shall  be  by 
M  jury  if  not  waived. 

540.  When  act  does  not  apply. 

This  shall  not  apply  to  school  districts  in  which  there 
are  not  sufficient  accommodations  in  the  public  schools 
to  seat  children  compelled  to  attend  under  the  provisions  of 
this  act. 

541.  Unlawful  to  employ  child  during  school  hours — except. 

That  it  shall  be  unlawful  for  any  person,  persons 
or  corporation  to  employ  any  child  under  the  age  of  fourteen 
years  to"  labor  in  any  business  whatever  during  the  school  hours 
of  any  school  day  of  the  school  term  of  the  public  school,  in 
the  school  disfrict  where  such  child  is,  unless  such  child  shall 
have  attended  some  public  or  private  day  school  where  instruc- 
tion was  given  by  a  teacher-  qualified  to  instruct  in  those 
branches  required  to  be  taught  in  the  public  schools  of  the  state 
of  Colorado,  or  shall  have  been  regularly  instructed  at  home  in 


20  SCHOOL    LAWS    OF 

such  branches,  by  some  person  qualified  to  instruct  in  the  same, 
at  least  twelve  weeks  in  each  year,  eight  weeks  at  least  of 
which  shall  be  consecutive,  and  shall,  at  the  time  of  such 
employment,  deliver  to  the  employer  a  certificate  in  writing, 
signed  by  the  teacher,  certifying  to  such  attendance  or  instruc- 
tion; and  any  person,  persons  or  corporation  who  shall  employ 
any  child  contrary  to  the  provisions  of  this  section  shall,  upon 
conviction,  be  deemed  guilty  of  a  misdemeanor,  and  fined  in 
a  sum  not  less  than  twenty-five  (25)  dollars  nor  more  than  fifty 
(50)  dollars,  and  all  fines  so  collected  shall  be  paid  into  the 
county  treasury,  and  placed  to  the  credit  of  the  school  district 
in  which  the  offense  occurs. 

542.     Guardian  required  to  send  child  to  school — when  child  to  be  clothed 
by  school  board. 

Every  parent  or  guardian,  or  other  person  in  the 
state  of  Colorado,  having  control  of  any  child  or  children 
between  the  ages  of  eight  (8)  and  fourteen  (14)  shall  be  required 
to  send  such  child  or  children  to  a  public  school,  or  private 
school  taught  by  a  competent  instructor,  for  a  period  of  at 
least  twelve  (12)  weeks  in  each  year,  at  least  eight  weeks  of 
which  time  shall  be  consecutive,  unless  such  child  or  children 
are  excused  from  such  attendance  by  the  board  of  the  school 
district  in  which  such  parent,  guardian  or  person  having  con- 
trol resides,  upon  its  being  shown  to  their  satisfaction  that 
such  child's  bodily  or  mental  condition  has  been  such  as  to 
prevent  attendance  at  school,  or  application  to  study  for  the 
period  required;  Provided,  That  if  such  parent  or  guardian  is 
not  able,  by  reason  of  poverty,  to  properly  clothe  any  such 
child,  it  shall  be  the  duty  of  the  school  board  of  the  proper 
district,  upon  the  fact  being  shown  to  their  satisfaction,  to 
furnish  the  necessary  clothing  and  pay  for  the  same  out  of 
the  school  fund  of  such  district,  by  warrant  drawn  as  in  other 
cases,  or  that  such  child  or  children  are  taught  at  home  in  such 
branches  as  are  usually  taught  in  the  public  schools,  subject 
to  the  same  examination  as  other  pupils  of  the  district  in  which 
the  child  resides;  or  that  there  is  no  school  taught  within  two 
miles  bv  the  nearest  traveled  road. 


543.     Failure  of  guardian  to  compel  attendance — penalty. 

* 

Any  parent,  guardian  or  other  person  failing  to  comply 
with  the  provisions  of  section  two  of  this  act  shall, 
upon  conviction,  be  deemed  guilty  of  a  misdemeanor,  and  fined 
in  a  sum  not  less  than  five  nor  more  than  twenty-five  dollars 


THE    STATE    OF    COLORADO.  21 

for  each  offense;  and  all  fines  so  collected  shall  be  paid  into 
the  county  treasury  and  placed  to  the  credit  of  the  school  dis- 
trict in  which  the  offense  occurs. 

[Section  2  referred  to  is   section   542.] 

544.  Penalty  for  failure  of  school  director  to  prosecute  cases  of  neglect. 

It  shall  be  the  duty  of  any  school  director  of  the  dis- 
trict to  inquire  into  all  cases  of  neglect  of  the  duty  pre- 
scribed in  this  act,  and  ascertain  from  the  person  neglecting, 
the  reason,  if  any,  therefor;  and  he  shall  forthwith  proceed 
to  secure  the  prosecution  of  any  offense  occurring  under  this 
act;  and  any  director  neglecting  to  secure  such  prosecution  for 
such  offense,  within  ten  days  after  a  written  notice  has  been 
served  on  him  by  any  tax-payer  in  said  district,  unless  the 
person  so  complained  of  shall  be  excused  by  the  district  board 
of  education  for  the  reasons  hereinbefore  stated,  shall,  upon 
conviction,  be  deemed  guilty  of  a  misdemeanor,  and  fined  in  a 
sum  not  less  than  ten  nor  more  than  fifty  dollars;  and  such 
fine,  when  collected,  shall  be  paid  into  the  county  treasury  and 
placed  to  the  credit  of  the  school  district  in  which  the  offense 
occurs.  All  actions  for  offenses  committed  under  this  act  shall 
be  prosecuted  for  and  in  the  name  of  the  state  of  Colorado. 

545.  Malicious  prosecution. 

That  upon  the  trial  of  any  offense  as  charged  herein,  before 
any  court  of  competent  jurisdiction,  if  it  shall  be  determined  that 
such  prosecution  was  malicious,  then  the  costs  in  such  case  shall 
be  adjudged  against  the  complainant  and  collected  as  fines  in 
other  cases. 

546.  Attendance  at  night  school. 

Two  weeks'  attendance,  at  half  time  or  night  school,  shall  be 
considered  within  the  meaning  of  the  article  equivalent  to  an 
attendance  of  one  week  at  a  day  school. 

547.  Children  under  fourteen  years  of  age  not  to  be  employed. 

That  any  person  who  shall  take,  receive,  hire  or 
employ,  any  children  under  fourteen  years  of  age  in  any  under- 
ground works  or  mine,  or  in  any  smelter,  mill  or  factory,  shall 
be  guilty  of  a  misdemeanor,  and  upon  conviction  thereof  before 
any  justice  of  the  peace  or  court  of  record,  shall  be  fined  not 
less  than  ten  dollars  nor  more  than  fifty  dollars  for  each 
offense;  Provided,  That  a  jury  on  the  trial  of  any  such  case 
before  a  justice  of  the  peace  shall  be  called  and  empanelled,  as 
in  the  case  of  assault  and  battery,  and  that  the  jury  in  such 
cases  shall  designate  the  amount  of  the  fine  in  their  verdict. 


22  SCHOOL    LAWS    OF 

548.  Arrest  of  person  violating  act. 

That  whenever  any  person  shall  before  a  justice  of  the 
peace  make  oath,  or  affirm  that  the  affiant  believes  that 
this  act  has  been  or  is  being  violated,  naming  the  person 
charged  with  such  violation,  such  justice  shall  forthwith  issue 
a  warrant  to  a  constable,  or  other  authorized  officer,  and  such 
officer  shall  arrest  the  person  or  persons  so  charged,  and  bring 
him  or  them  before  the  justice  issuing  such  warrant,  for  a  hear- 
ing. And  it  shall  be  the  duty  of  all  constables  and  policemen 
to  aid  in  the  enforcement  of  this  act. 

549.  Penalty. 

That  in  default  of  the  payment  of  the  fine  or  pen- 
alty imposed  under  any  of  the  provisions  of  this  act,  it  shall 
be  lawful  for  any  justice  of  the  peace,  or  court  of  record  before 
whom  any  person  may  be  convicted  of  a  violation  of  any  of  the 
provisions  of  this  act,  to  commit  such  person  to  the  county  jail, 
there  to  remain  for  not  less  than  twenty  days  nor  more  than 
ninety  days. 

[This  act  comprises  sections  547-549.] 
. 

550.  Unlawful  to  exhibit  children  under  age  of  fourteen. 

It  shall  be  unlawful  for  any  person  having  the  care, 
custody  or  control  of  any  child  under  the  age  of  fourteen 
years,  to  exhibit,  use  or  employ  as  an  actor  or  performer  in  any 
concert  hall  or  room  where  intoxicating  liquors  are  sold  or 
given  away,  or  in  any  variety  theatre,  or  for  any  illegal,  obscene, 
indecent  or  immoral  purpose,  exhibition  or  practice  whatso- 
ever, or  for  or  in  any  business,  exhibition  or  vocation  injurious 
to  the  health  or  dangerous  to  the  life  or  limb  of  such  child,  or 
cause,  procure  or  encourage  such  child  to  engage  therein.  Noth- 
ing in  this  section  contained  shall  apply  to  or  affect  the  employ- 
ment or  use  of  any  such  child  as  a  singer  or  musician  in  any 
church,  school  or  academy,  or  at  any  respectable  entertain- 
ment, or  the  teaching  or  learning  the  science  or  practice  of 
music. 

551.  Unlawful  to  hire  child  for  exhibition. 

It  shall  also  be  unlawful  for  any  person  to  take,  receive, 
hire,  employ,  use,  exhibit  or  have  in  custody  any  child  under  the 
age  and  for  the  purpose  prohibited  in  the  first  section  of  this 
act. 

[Penalty  for  violation  of  above  two  sections,  section  603.] 
[Section  1  referred  to   is   section  550.] 


THE    STATE    OF    COLORADO.  23 

DELINQUENT  CHILDREN. 
586.     Definition  of  terms — Application   of  act — Evidence. 

This  act  shall  apply  only  to  children  sixteen  (16)  rears  of  age 
or  under,  not  inmates  of  a  state  institution,  or  any  institution 
incorporated  under  the  laws  of  the  state  for  the  care  and  correc- 
tion of  delinquent  children.  The  words  "Delinquent  Child"  shall 
include  any  child  sixteen  (16)  years  of  age  or  under  such  age 
who  violates  any  law  of  this  state  or  any  city  or  village  ordinance; 
or  who  is  incorrigible,  or  who  knowingly  associates  with  thieves, 
vicious  or  immoral  persons,  or  who  is  growing  up  in  idleness  or 
crime,  or  who  knowingly  visits  or  enters  a  house  of  ill-repute,  or 
who  knowingly  patronizes  or  visits  any  policy  shop  or  place  where 
any  gaming  device  is,  or  shall  be,  operated;  or  who  patronizes  or 
visits  any  saloon  or  dram  shop  where  intoxicating  liquors  are 
sold ;  or  who  patronizes  or  visits  any  public  pool  room  or  bucket 
shop ;  or  who  wanders  about  the  streets  in  the  night  time  without 
being  on  any  lawful  business  or  occupation;  or  who  habitually 
wanders  about  any  railroad  yards  or  tracks,  or  jumps  or  hooks 
on  to  any  moving  train,  or  enters  any  car  or  engine  without  lawful 
authority;  or  who  habitually  uses  vile,  obscene,  vulgar,  profane 
or  indecent  language,  or  is  guilty  of  immoral  conduct  in  any 
public  place  or  about  any  school  house.  Any  child  committing 
any  of  the  acts  herein  mentioned  shall  be  deemed  a  juvenile  de- 
linquent person,  and  shall  be  proceeded  against  as  such  in  the 
manner  hereinafter  provided.  A  disposition  of  any  child  under 
this  act,  or  any  evidence  given  in  such  cause,  shall  not  in  any 
civil,  criminal  or  other  cause  or  proceeding  whatever  in  any  court 
be  lawful  or  proper  evidence  against  such  child  for  any  purpose 
whatever,  excepting  in  subsequent  cases  against  the  same  child 
under  this  act.  The  word  "Child"  or  "Children"  may  mean  one 
or  more  children,  or  the  word  "Parent"  or  "Parents"  may  mean 
one  or  both  paronls  when  consistent  with  Ihe  intent  of  this  act. 

603.     Penalty. 

Any  person  who  shall  .be  convicted  of  violating  any 
of  the  provisions  of  the  preceding  sections  of  this  act,  shall  be 
fined  not  exceding  one  hundred  dollars,  or  be  imprisoned  in  the 
county  jail  not  exceeding  three  months,  or  both,  in  the  discretion 
of  the  court;  and  upon  conviction  for  a  second  or  any  subsequent 
ollVnse,  shall  be  fined  not  exceeding  two  hundred  dollars,  or  be 
imprisoned  in  the  county  jail  not  exceeding  six  months. 


24  SCHOOL    LAWS    OF 

COUNTY  GOVERNMENT. 
1326.     When  school  orders  shall  be  paid — advertisement. 

It  shall  be  the  duty  of  the  county  treasurer  of  each 
county  in  this  state,  when  there  are  sufficient  funds  to  the 
credit  of  any  school  district,  or  to  the  credit  of  any  school  fund  of 
any  such  district,  to  pay  in  full  the  principal  and  interest  of  any 
orders  which  may  be  on  such  fund,  in  the  order  of  their  registra- 
tion, and  if  at  any  time  there  shall  be  two  hundred  dollars  in 
the  hands  of  such  treasurer,  to  the  credit  of  any  such  fund,  it 
shall  be  his  duty  to  cause  to  be  published  in  some  newspaper 
published  at  the  county  seat  of  such  county,  for  twenty  days, 
a  notice  that  certain  school  orders  (describing  same  by  numbers 
and  amounts)  will  be  paid  upon  presentation,  and  at  the  expira- 
tion of  said  twenty  days'  advertisement,  such  orders  shall  cease 
to  bear  interest. 

1359.     When  office  becomes  vacant. 

Every  county  office  shall  become  vacant,  on  the  happening 
of  either  of  the  following  events,  before  the  expiration  of  the 
term  of  office : 

First — The  death  of  the  incumbent. 

Second — His  resignation. 

Third — His  removal. 

Fourth — His  ceasing  to  be  an  inhabitant  of  the  county  for 
which  he  was  elected  or  appointed. 

Fifth — His  conviction  of  any  infamous  crime,  or  any  offense 
involving  a  violation  of  his  official  oath. 

Sixth — His  refusal  or  neglect  to  take  his  oath  of  office,  or 
to  give  or  renew  his  official  bond,  or  to  deposit  such  oath  and 
bond  within  the  time  prescribed  by  law. 

Seventh — The  decision  of  a  competent  tribunal,  declaring 
void  his  election  or  apointment. 

CRIMES. 

1661.  Hazing  unlawful. 

It  shall  .be  unlawful  of  any  person  to  engage  in  any 
of  those  practices  commonly  called  "Hazing"  or  in  any  acts 
of  torturing,  tormenting,  or  in  any  way  maltreating  a  fellow 
inmate,  employe  or  student. 

1662.  Punishment  for  hazing. 

Any  person  found  guilty  of  the  violation  of  the  provisions 
of  the  first  section  of  this  act  shall  be  deemed  guilty  of  a  mis- 


THE    STATE    OF    COLORADO.  25 

demeanor  and  shall  upon  conviction  be  fined  not  less  than  five 
nor  more  than  fifty  dollars. 

1663.     Punishment  for  hazing  in  educational  institutions. 

Any  officer,  teacher,  or  student  connected  with  any 
of  the  state  institutions  of  this  state  who  shall  be  found  guilty 
of  violating  the  provisions  of  this  act,  shall,  if  a  teacher  or 
employe,  be  dismissed  from  the  further  service  of  such  state 
institution,  and  if  a  student,  his  conviction  shall  work  expulsion 

from  the  state  institution  he  may  be  attending,  in  perpetuum. 

f 

1820.  Other  officers  shall  not  deal  in  warrants — penalty. 

It  shall  be  unlawful  for  any  county,  city,  town  or  school 
district  officer  in  this  state  to  buy,  purchase,  trade  in  or  acquire, 
either  directly  or  indirectly,  any  county,  city,  town  or  school 
district  warrant,  or  any  other  evidences  of  county,  city,  town  or 
school  district  indebtedness  of  the  county  of  which  he  is  such 
officer  at  the  time.  Any  violation  of  the  provisions  of  this  act 
shall  be  adjudged  a  misdemeanor  and  punished  in  the  discretion  of 
the  court  by  a  fine  and  not  exceeding  five  hundred  (500)  dollars, 
or  imprisonment  in  the  county  jail  for  a  period  of  not  more  than 
thirty  (30)  days. 

1821.  Officer  shall  not  use  public  funds  for  private  purposes — penalty. 

If  any  officer  appointed  or  elected  by  virtue  of  the  con- 
stitution of  this  state,  or  any  law  thereof,  as  an  officer,  agent 
or  servant  of  an  incorporated  city,  town,  municipal  township, 
school  district,  or  county,  or  other  subdivision  of  this  state,  shall 
convert  to  his  own  use  in  any  way  whatever,  or  shall  use,  by 
way  of  investment  in  any  kind  of  property  or  merchandise,  or 
shall  make  way  with  or  secrete  any  portion  of  the  public  funds 
or  moneys,  or  any  valuable  securities  by  him  received  for  safe 
keeping,  disbursement,  transfer,  or  for  any  other  purpose,  or 
which  may  be  in  his  possession  or  over  which  he  may  have  the 
supervision,  care  or  control,  by  virtue  of  his  office,  agency  or 
service,  or  under  color  or  pretense  thereof,  every  such  officer, 
agent  or  servant  shall,  upon  conviction,  be  punished  by  impris- 
onment not  less  than  five  (5)  years. 

1822.  Officers  shall  not  loan  public  money — penalty. 

No  such  officer,  agent  or  servant  shall  loan  out,  with 
or  without  interest,  any  money  or  valuable  security  received 
by  him,  or  which  may  be  in  his  possession  or  keeping,  or  care  or 
control,  by  virtue  of  his  office,  agency  or  service,  or  under  color 
or  pretense  thereof,  and  any  such  officer,  agent  or  servant,  so 
loaning  such  money  or  valuable  security,  on  conviction  thereof, 
shall  be  punished  by  imprisonment  in  the  penitentiary  not  less 
than  one  year,  or  by  a  fine  not  less  than  five  hundred  (500)  dollars. 


26  SCHOOL    LAWS    OP 

1823.  No  officer  to  derive  benefit  from  contract. 

If  any  such  officer,  agent  or  servant  shall  make  any 
contract  or  agreement  with  any  person  or  persons,  body 
or  bodies  corporate,  or  other  association,  by  which  such  officer, 
agent  or  servant  is  to  derive  any  benefit  or  advantage,  directly  or 
indirectly,  from  the  deposit  with  such  person  or  persons,  body 
or  bodies  corporate,  or  other  association,  of  any  moneys  or  valu- 
able securities  held  by  such  officers,  agents  or  servants,  by  virtue 
of  his  office,  agency  or  employment,  such  contract  shall,  as  to 
such  officer,  agent  or  servant,  be  utterly  null  and  void;  but  the 
person  or  persons,  body  or  bodies  corporate,  or  other  association, 
shall  be  liable  to  the  county,  city,  town,  township  or  school  dis- 
trict where  funds  are  deposited,  in  an  action  for  the  recovery  of 
all  such  benefits  or  advantage  as  would,  by  the  terms  of  such 
contracts  or  agreement,  have  accrued  to  such  officer,  agent  or 
servant;  and  payment  to  the  officer,  agent  or  servant  shall  not 
protect  the  person  or  persons,  body  or  bodies  corporate,  or  other 
association,  against  an  action  of  recovery  brought  by  the  county, 
city,  town,  township  or  school  district  whose  funds  are  so 
deposited. 

1824.  Penalty  for  officer  making  unlawful  contract. 

Any  such  officer,  agent  or  servant  who  shall  make  any 
such  contract  or  agreement  as  described  in  the  last  section 
of  this  act,  or  who  shall  receive  any  benefit  or  advantage,  directly 
or  indirectly,  from  the  deposit  of  any  money  or  valuable  security 
held  by  him  as  such  officer,  agent  or  servant,  or  over  which  he 
has  control,  care  or  supervision,  by  virtue  of  his  office,  agency 
or  service,  shall,  upon  conviction  thereof,  be  punished  by  im- 
prisonment in  the  penitentiary  aot  less  than  one  year  or  by  fine 
not  less  than  five  hundred  (500)  dollars. 

1825.  Refusing  to  pay  warrant  or  to  accept  same  for  taxes — penalty. 

Any  state  or  county  treasurer,  who,  upon  presenta- 
tion of  any  auditor's  warrant,  state  warrant,  county  order 
or  other  like  evidence  of  indebtedness,  for  payment,  shall  refuse 
payment  thereof,  there  being  then  in  such  treasury  sufficient 
funds  appropriated  by  law  for  the  payment  of  such  warrant, 
order  or  other  like  indebtedness,  or  wherefrom  by  law,  payment 
thereof  ought  to  be  made;  and  any  county  treasurer  or  collector 
of  taxes,  who  upon  presentation  of  any  auditor's  warrant,  county 
order  or  other  like  certificate  or  evidence  of  indebtedness  in 
payment  of  any  taxes  which  may  by  law  be  paid  therein,  shall 
refuse  to  receive  such  order,  warrant  or  certificate  in  payment 
of  such  taxes,  every  such  .officer  so  offending  shall  be  liable  to 
indictment,  and  upon  conviction  shall  be  fined  in  any  sum  not 


THE    STATE    OF    COLORADO.  27 

exceeding  live  hundred  dollars.    This  section  shall  extend  to  the 
deputies  of  every  such  treasurer  and  collector  of  taxes. 

1826.     Penalty  for  failure  to  call  warrants. 

Whenever  the  treasurer  of  the  state  or  any  county. 
rity,  town  or  school  district  shall  have  in  his  hands  any  moneys, 
applicable  to  the  payment  of  any  state,  city,  town,  county  or 
school  district  warrant,  and  shall  fail  or  neglect  for  thirty  days 
to  publish  a  call  as  provided  by  law  for  the  presentation  and 
payment  of  warrants,  he  shall  be  deemed  guilty  of  a  misdemeanor 
and,  upon  conviction,  shall  be  liable  to  a  fine  not  less  than  ten 
nor  more  than  three  hundred  dollars. 

ELECTIONS. 

2146.     Qualifications  of  voter. 

Every  person  over  the  age  of  twenty-one  years,  possessing 
the  following  qualifications,  shall  be  entitled  to  vote  at  all  elec- 
tions: 

/  irst — He  shall  be  a  citizen  of  the  United  States. 

Second — He  shall  have  resided  in  this  state  one  year  imme- 
diately preceding  the  election  at  which  he  offers  to  vote;  in  the 
county  ninety  days;  in  the  city  or  town  thirty  days,  and  in  the 
ward  or  precinct  ten  days. 

FEES    AND    SALARIES. 
2575.     Classification  of  Counties  to  Regulate  Salaries. 

For  the  purpose  of  regulating  the  amount  of  compensation 
,of  county  superintendents  of  schools,  the  counties  of  the  state 
are  divided  into  seven  classes  as  follows : 

The  City  and  County  of  Denver,  El  Paso  and  Las  Animas 
Counties  shall  be  the  first  class;  Pueblo,  Weld,  Boulder,  Fre- 
mont and  Teller  Counties  shall  be  the  second  class;  Conejos, 
Delta,  Garfield,  Gilpin,  Huerfano,  Lake,  Larimer,  Mesa,  Mont- 
rose  and  Otero  Counties  shall  be  the  third  class;  Chaffee,  Clear 
Creek,  Douglas,  Eagle,  Elbert,  Jefferson,  Gunnison,  La  Plata, 
Ouray,  Rio  Grande,  Pitkin,  Park,  Prowers  and  Saguache  Coun- 
ties shall  be  the  fourth  class;  Bent,  Custer,  Cheyenne,  Kit  Car- 
son, Logan,  Montezuma,  Morgan,  Routt,  San  Miguel  and  Yuma 
Counties  shall  bo  the  fifth  Hass;  Archuletn,  Barn,  Costilla,  Grand, 
Kiowa,  Lincoln,  Mineral.  Phillips,  Rio  Blanco,  San  Juan,  Sedg- 
wiok.  Summit  and  Washington  shall  be  the  sixth  class;  Dolores 


28  SCHOOL    LAWS    OF 

and  Hinsdale  shall  be  the  seventh  class.  County  Superintend- 
ents of  schools  shall  receive  the  following  compensation,  to  be 
paid  quarterly  out  of  the  county  treasury,  to  wit:  In  counties 
of  the  first  class,  an  annual  salary  of  twenty-eight  hundred  dol- 
lars ($2,800.00)  ;  in  counties  of  the  second  class  an  annual  salary 
of  two  thousand  dollars  ($2,000.00)  ;  in  counties  of  the  third 
class,  an  annual  salary  of  twelve  hundred  dollars  ($1,200.00) ; 
in  counties  of  the  fourth  class,  an  annual  salary  of  eleven  hun- 
dred dollars  ($1,100.00) ;  in  counties  of  the  fifth  class,  an  annual 
salary  of  eight  hundred  dollars  ($800.00)  ;  in  counties  of  the 
sixth  class,  an  annual  salary  of  five  hundred  dollars  ($500.00)  ; 
in  counties  of  the  seventh  class,  an  annual  salary  of  one  hun- 
dred dollars  ($100. QO)  ;  in  all  but  first  and  second  class  counties, 
boards  of  county  commissioners  may  allow  mileage  not  to  exceed 
ten  cents  (lOc)  per  mile  for  distance  necessarily  and  actually 
traveled  in  the  performance  of  duty,  not  to  exceed  an  aggregate 
of  three  hundred  dollars  ($300.00)  per  annum  in  any  county. 

2580.     Deputies  and  assistants — compensation. 

Deputies  and  assistants  may  be  employed  by  the  *  *  * 
county  superintendents  of  schools  *  *  *  (who  shall 
be  paid  out  of  the  county  treasury),  the  compensation  and  time 
of  service  to  be  fixed  by  the  board,  the  selection  of  said  deputies 
and  employes  to  be  made  by  the  officer  authorized  to  employ 
them;  Provided,  That  the  provisions  of  this  section  relating  to 
the  county  superintendents  of  schools  shall  apply  only  in  counties 
of  the  first  class. 

FLAGS. 
2597.     Unlawful  to  display  any  but  flag  of  United  States— exception. 

It  shall  be  unlawful  to  display  any  flag  upon  any  state, 
county  or  municipal  buildings  in  this  state,  except  the 
flags  of  the  United  States.  Provided,  however,  That  whenever 
any  foreigner  shall  become  the  guest  of  the  United  States,  or  of 
the  state  of  Colorado,  or  of  any  city  of  this  state,  or  upon  the 
occasion  of  the  visit  of  any  foreign  minister,  envoy  or  ambassador 
in  his  official  or  representative  capacity,  the  flag  of  the  country 
of  which  such  person  shall  be  a  citizen  may  be  displayed  upon 
such  public  buildings;  and  it  shall  be  unlawful  to  display  the 
flag  of  any  anarchistic  society  upon  any  public  or  private  build- 
ing or  in  any  street  procession  or  parade  within  the  state  of 
Colorado. 


THE    STATE    OF    COLORADO.  29 

2598.     Penalty  for  violation  of  preceding  section. 

Any  violation  of  this  act  is  hereby  declared  a  misdemeanor 
and  shall  be  punished  by  a  fine  of  not  less  than  fifty  nor  more 
than  five  hundred  dollars. 

[See  sections  5829  to  5833.] 

HOLIDAYS. 

2940.     Holidays — effect  on  negotiable  instruments  and  return  days — when 
holiday  falls  on  Sunday. 

That  the  following  days,  viz.:  The  first  day  of  Jan- 
uary, commonly  called  New  Year's  day;  the  twelfth  day  of 
February,  known  as  the  birthday  of  Abraham  Lincoln;  the 
twenty-second  day  of  February,  commonly  called  Washington's 
birthday;  the  thirtieth  day  of  May,  commonly  called  Decoration 
day;  the  fourth  day  of  July;  the  twenty-fifth  day  of  December, 
commonly  called  Christmas  day;  and  any  day  appointed  or  rec- 
ommended by  the  governor  of  this  state  or  the  president  of  the 
United  States,  as  a  day  of  fasting  and  prayer  or  thanksgiving, 
shall  for  all  purposes  whatsoever,  as  regards  the  presenting  for 
payment  or  acceptance,  and  of  the  protesting  and  giving  notice 
of  the  dishonor  of  bills  of  exchange,  drafts,  bank  checks,  promis- 
sory notes,  or  other  negotiable  instruments,  also  for  the  holding 
of  courts,  be  treated  and  considered  as  is  the  first  day  of  the 
week,  commonly  called  Sunday;  Provided,  That  in  case  any  of 
the  said  holidays,  or  any  other  legal  holiday  heretofore  or  here- 
after designated,  shall  fall  upon  a  Sunday,  then  the  Monday 
following  shall  be  considered  as  the  said  holiday,  and  all  notes, 
bills,  drafts,  checks  or  other  negotiable  instruments  falling  due 
or  maturing  on  either  of  said  days,  shall  be  deemed  to  be  payable 
on  the  next  succeeding  business  day;  and  in  case  the  return  or 
adjourned  day  in  any  suit,  matter  or  hearing  before  any  court 
shall  come  on  any  day  before  mentioned,  such  suit,  matter  or 
proceeding,  commenced  or  adjourned  as  aforesaid,  shall  not, 
by  reason  of  coming  on  any  such  day,  abate,  but  the  same  shall 
stand  continued  to  the  next  succeeding  day,  at  the  same  time 
and  place,  unless  the  next  day  shall  be  the  first  day  of  the  week, 
when  in  such  case  the  same  shall  stand  continued  to  the  day 
next  succeeding,  secular  or  business  day,  at  the  same  time  and 
place;  Provided,  further,  Nothing  in  this  act  shall  prevent  the 
issuing  or  serving  of  process  on  any  of  the  days  above  mentioned, 
or  on  Sunday. 

2942.     Arbor  day — tree  planting. 

The  third  Friday  in  April  of  each  year  shall  be  set 
apart  and  known  as  "Arbor  Day,"  to  be  observed  by  the  people 


30  SCHOOL    LAWS    OP 

of  this  state  in  the  planting  of  forest  trees,  for  the  benefit  and 
adornment  of  public  and  private  grounds,  places  and  ways,  and 
in  such  other  efforts  and  undertakings  as  shall  be  in  harmony 
with  the  general  character  of  the  day  so  established;  Provided, 
That  the  actual  planting  of  trees  may  be  done  on  the  day  desig- 
nated, or  at  such  other  most  convenient  time  as  may  best  conform 
to  local  climatic  conditions,  such  other  time  to  be  designated, 
and  due  notice  thereof  given,  by  the  several  county  superintend- 
ents of  schools  for  their  respective  counties. 

2943.  A  holiday  in  public  schools. 

The  day,  as  above  designated,  shall  be  a  holiday  in  all  public 
schools  of  the  state,  and  school  officers  and  teachers  are  required 
to  have  the  schools  under  their  respective  charge  observe  the  day 
by  planting  of  trees,  or  other  appropriate  exercises. 

2944.  Governor  shall  issue  proclamation. 

Annually,  at  the  proper  season,  the  governor  shall 
issue  a  proclamation,  calling  the  attention  of  the  people  to  the 
provisions  of  this  act,  and  recommending  and  enjoining  its  due 
observance.  The  superintendent  of  public  instruction,  and  the 
respective  county  superintendents  of  schools,  shall  also  promote, 
by  all  proper  means,  the  observance  of  the  day;  and  the  said 
county  superintendents  of  schools  shall  make  annual  reports  to 
the  state  forest  commissioner  of  the  action  taken  in  this  behalf 
in  their  respective  counties. 

2945.  Colorado  day. 

That  the  first  day  of  August  of  the  year  1907,  and 
the  first  day  of  August  of  each  and  every  year  hereafter  is  hereby 
made  a  public  holiday  to  be  known  as  "Colorado  Day,"  and  such 
day  is  hereby  set  apart  for  a  proper  celebration  by  our  people 
in  commemoration  of  the  admission  of  the  state  of  Colorado  into 
the  union. 

2946.  Same,  if  day  designated  falls  on  Sunday. 

That  whenever  the  first  day  of  August  falls  upon  Sunday, 
the  following  Monday  is  hereby  designated  as  the  day  for  cele- 
brating such  event. 

Provided  That  this  act  shall  not  be  construed  to  affect  the 
making  or  execution  of  agreements  or  instruments  in  writing, 
or  to  interfere  with  judicial  proceedings. 


THE    STATE    OF    COLORADO.  31 

2947.  Labor  day. 

The  first  Monday  in  September  of  the  present. year  of  our 
Lord,  and  each  year  thereafter,  is  hereby  declared  a  public  holi- 
day, to  be  known  as  "Labor  Day,"  and  the  same  shall  be  recog- 
nized, classed  and  treated  as  other  holidays  under  the  laws  of 
this  state. 

2948.  Columbus  day. 

The  12th  day  of  October  of  the  present  year  of  our 
Lord,  1907,  and  the  12th  day  of  October  of  each  year  thereafter 
is  hereby  declared  a  public  holiday,  to  be  known  as  "Columbus 
Day,"  and  the  same  shall  be  recognized,  classed  and  treated  as 
other  legal  holidays  under  the  laws  of  this  state;  Provided,  That 
this  act  shall  not  be  construed  to  ajfect  commercial  paper,  the 
making  or  execution  of  agreements  or  instruments  in  writing, 
or  interfere  with  judicial  proceedings. 

2949.  Election  day  in  November. 

Election  day  in  November  of  each  year  is  hereby  made  a 
legal*  holiday. 

JUSTICES    AND    CONSTABLES. 

3874.  Justice  report  quarterly  to  county  commissioners. 

Every  justice  of  the  peace  or  other  magistrate  by 
whom  any  fine  or  penalty  has  been  imposed  which  under 
the  statute  should  be  paid  into  the  general  school  fund,  shall  at 
the  next  regular  quarterly  meeting  of  the  board  of  county  com- 
missioners submit  an  itemized  report  showing  date  of  trial, 
title  of  case,  nature  of  offense*  and  amount  of  fine,  giving 
amounts  collected,  amounts  uncollected  and  accompanying  said 
report  with  receipts  from  the  county  treasurer  for  amounts  so 
collected  and  paid  over  to  him. 

3875.  County  treasurer  report  fines  paid. 

The  county  treasurer,  at  the  time  of  rendering  to 
the  county  superintendent  of  schools  his  quarterly  certificate 
of  taxes  collected  (as  provided  in  section  sixty-six  (66)  of  chap 
ter  XCVII,  being  general  section  three  thousand  and  sixty  one 
(3061)  of  the  General  Statutes  of  the  state  of  Colorado)  shall 
show  separately  in  said  certified  statement  the  amounts 
received  from  fines  and  by  whom  paid  in. 

[Section  3061  referred  to  is  section  5S99.] 

[For  fines,  penalties  and  forfeitures,  which  are  paid  into  school  fund,  see 
sections  50.  423.  440.  535.  961,  1004.  1352.  1362.  1794.  1877.  2384.  32  tf.  4°/>r>.  4701.  4710. 
4820.  5510,  6369,  6380.  0422,  6895,  and  7012.  Revised  Statutes  1908.1 


32  SCHOOL    LAWS    OF 

MUTE    AND    BLIND. 
4313.     Institute  located  at  Colorado  Springs. 

There  shall  be  permanently  maintained  at  the  city  of  Colo- 
rado Springs,  in  the  county  of  El  Paso,  an  institution  for  the 
support  and  education  of  the  mute  and  blind  residing  within  the 
state  of  Colorado. 

4334.     Who  may  be  admitted — report  of  county  superintendent  of  schools. 

Every  blind,  deaf  or  mute  citizen  of  the  state  of  Colo- 
rado, of  sound  mind,  over  six  (6)  and  under  twenty-one  (21) 
years  of  age,  shall  be  entitled  to  receive  an  education  in  said 
institute  at  the  expense  of  the  state.  All  applicants  above  the 
age  of  twenty-one  (21)  years  may  be  admitted  at  the  option  of 
the  board.  Each  county  superintendent  of  common  schools 
shall  report  on  the  first  day  of  June  in  each  year  to  the  super- 
intendent of  the  school  for  the  education  of  the  deaf  and  the 
blind,  the  name,  age  and  postoffice  address  of  every  blind  or 
deaf  person  of  suitable  age,  for  admission  to  said  school,  resid- 
ing in  this  county,  including  all  such  persons  as  may  be  too 
deaf  or  blind  to  acquire  an  education  in  the  common  schools. 
Applicants  for  admission  to  said  school  from  other  states,  if 
within  the  ages  prescribed  by  this  section,  may  be  admitted 
upon  payment  of  such  a  sum  quarterly,  as  the  board  of  trustees 
of  said  school  may  determine. 

[See  also  section  5939.] 

PUBLIC  CONTRACTS. 

4994.  No  officer  letting  contract  shall  have  interest  therein. 
Whenever    any    officer    of    this    state    or    of    any    county, 

city,  town,  or  school  district  therein,  shall  be  charged  with 
the  duty  of  making  any  contract  for,  or  on  behalf  of  this 
state,  or  of  any  county,  city,  town,  or  school  district  therein, 
shall  be  obliged  to  pay  any  sum  of  money  to  any  person  whom- 
soever, and  whenever  any  such  officer,  as  a  member  of  any 
board  of  auditors,  commissioners,  or  directors,  or  otherwise, 
shall  have  any  vote  or  voice  in  awarding  any  such  contract,  it 
shall  not  be  lawful  for  any  such  officer  to  become  in  any  manner 
bound  for  the  fulfillment  of  such  contract,  or  to  take  or  receive 
any  part  or  portion  of  the  money  specified  in  such  contract, 
or  to  be  in  any  way,  manner  or  degree  interested  in  such  con- 
tract, excepting  in  his  official  representative  capacity. 

4995.  Penalty  for  violation  of  this  act. 

Whosoever  shall  offend  against  the  provisions  of  this  act 
shall  be  imprisoned  not  exceeding  six  months,  and  fined  not 
exceeding  two  thousand  dollars,  and  shall  be  removed  from 
office. 


THE    STATE    OF    COLORADO.  33 

PUBLIC   HEALTH. 
5010.     Powers  and  duties. 

The  state  board  of  health  shall  *  *  *  from  time  to 
time  recommend  standard  works  on  the  subject  of  hygiene  for 
the  use  of  schools  of  the  state. 

STATE    BOARD    OF    EDUCATION. 

5866.  Who  constitute  state  board. 

The  superintendent  of  public  instruction,  the  secretary  of 
state  and  attorney -general  shall  constitute  a  state  board  of  edu- 
cation, of  which  the  superintendent  of  public  instruction  shall 
be  president. 

5867.  Meetings  of  board — rules  and  regulations. 

The  state  board  of  education  shall  meet  at  the  state 
capitol  on  the  last  Saturday  in  December,  in  each  year,  and  at 
such  other  times  and  places  as  may  by  them  be  deemed  necessary, 
and  shall  have  power  to  adopt  any  rules  and  regulations  not  in- 
consistent with  law,  for  its  own  government,  and  for  the  govern- 
ment of  the  public  schools. 

5868.  Board  may  grant  state  diplomas— effect. 

The  state  board  of  education  is  hereby  authorized  to 
grant  state  diplomas  to  such  teachers  as  may  be  found  to 
possess  the  requisite  scholarship  and  culture,  and  who  may  also 
exhibit  satisfactory  evidence  of  an  exceptional  moral  character 
and  whose  eminent  professional  ability  has  been  established  by 
not  less  than  two  years'  successful  teaching  in  the  public  schools 
of  this  state.  Such  diplomas  shall  supersede  the  necessity  of  any 
and  all  other  examinations  of  persons  holding  the  same,  by 
county,  city,  town  or  local  examiners,  and  shall  be  valid  in  any 
county,  city,  town  or  district  in  the  state,  for  the  grade  of  work 
indicated  unless  revoked  by  the  state  board  of  education. 

5869.  State  board  of  examiners. 

There  is  hereby  created  a  state  board  of  examiners  which 
shall  consist  of  a  state  superintendent  of  public  instruction 
who  shall  be  president  of  the  board,  and  eight  other  persons 
who  shall  be  appointed  by  the  state  board  of  education  in 
the  manner  following:  Immediately  upon  the  passage  of  this 
act  the  state  board  of  education  shall  appoint  two  members  of 
said  state  board  of  examiners,  one  of  whom  shall  be  recom- 
mended to  it  for  that  purpose  by  the  president  of  the  State 
Agricultural  College,  and  both  of  whom  shall  be  citizens  of 
Colorado,  actively  engaged  in  educational  work,  and  who  are 
not  members  of  the  faculties  of  either  the  State  Agricultural 
College,  the  University  of  Colorado,  the  State  School  of  Mines, 
or  the  State  Normal  School,  which  said  members  shall  hold 


34  SCHOOL   LAWS   OP 

office  until  the  first  day  of  May,  A.  D.  1910,  and  whose 
respective  successors  shall  in  like  manner  be  appointed  to  hold 
office  for  successive  terms  of  four  years  thereafter. 

And  the  State  board  of  education  shall  also  in  like  manner 
appoint  two  members  of  said  state  board  of  examiners,  one 
of  whom  shall  be  recommended  to  it  for  that  purpose  by  the 
president  of  the  •  University  of  Colorado,  and  both  of  whom 
shall  be  citizens  of  Colorado,  actively  engaged  in  educational 
work,  and  who  are  not  members  of  the  faculties  of  either  the 
State  Agricultural  College,  the  University  of  Colorado,  the 
State  School  of  Mines  or  the  State  Normal  School,  which  said 
members  shall  hold  office  until  the  first  day  of  May,  A.  I).  1911, 
and  whose  respective  successors  shall  in  like  manner  be 
appointed  to  hold  office  for  successive  terms  of  four  years 
thereafter. 

And  the  state  board  of  education  shall  also  in  like  manner 
appoint  two  members  of  said  state  board  of  examiners,  one  of 
whom  shall  be  recommended  to  it  for  that  purpose  by  the 
president  of  the  State  School  of  Mines  and  both  of  whom  shall 
be  citizens  of  the  state  of  Colorado,  actively  engaged  in  educa- 
tional work,  and  who  are  not  members  of  the  faculties  of  either 
the  State  Agricultural  College,  the  University  of  Colorado,  the 
State  School  of  Mines  or  the  State  Normal  School,  which  said 
members  shall  hold  office  until  the  first  day  of  May,  A.  D.  1912, 
and  whose  respective  successors  shall  in  like  manner  be 
appointed  to  hold  office  for  successive  terms  of  four  years 
thereafter. 

And  the  state  board  of  education  shall  also  in  like  manner 
appoint  two  members  of  said  state  board  of  examiners,  one 
of  whom  shall  be  recommended  to  it  for  that  purpose  by  the 
president  of  the  State  Normal  School,  and  both  of  whom  shall 
be  citizens  of  the  state  of  Colorado,  actively  engaged  in  educa- 
tional work,  and  who  are  not  members  of  the  faculties  of 
either  the  State  Agricultural  College,  the  University  of  Colo- 
rado, the  State  School  of  Mines  or  the  State  Normal  School, 
which  said  members  shall  hold  office  until  the  first  day  of  May, 
A.  D.  1913,  and  whose  respective  successors  shall  in  like  man- 
ner be  appointed  to  hold  office  for  successive  terms  of  four 
years  thereafter.  [L.  '09,  p.  369,  370,  §1. 

5869a.     Applicants  to  be   examined. 

The  state  board  of  examiners  shall,  as  often  as  directed 
by  the  state  board  of  education,  and  at  least  as  often  as  once 
a  year,  and  after  having  given  due  public  notice  of  the  same, 
examine  all  applicants  for  state  diplomas  in  such  branches  and 


THE    STATE    OF    COLORADO.  35 

upon  such  terms  as  in  the  judgment  of  the  state  board  of 
examiners,  shall  be  requisite  to  prove  the  applicant's  possession 
of  academic  and  professional  attainments,  fully  equivalent  to 
those  set  forth  in  section  4  of  this  act.  [L.  '09,  p.  370,  §2. 

5869b.     Requirements  of  applicants. 

And  the  state  board  of  education  shall  grant  state 
diplomas  to  such  persons  as  shall  by  virtue  of  such  examina- 
tion, be  found  to  possess  the  requisite  scholarship  and  culture, 
and  who  shall  also  exhibit  evidence  satisfactory  to  the  state 
board  of  education,  of  good  moral  character.  [L.  '09,  p.  370,  §3. 

5869c.     Diplomas  without   examination. 

The  state  board  of  education  shall  issue  state  diplomas 
upon  aplication,  without  examination,  to  applicants  who  shall 
be  graduates  of  colleges  situated  within  the  state  of  Colorado, 
which  maintain  a  standard  four-year  course  of  collegiate  work 
and  require  four  standard  years  of  high  school  work  or  its 
equivalent  for  admission,  and  who  shall  also  exhibit  evidence 
satisfactory  to  the  state  board  of  education  of  good  moral  char- 
acter, and  who  shall  also  present  evidence  satisfactory  to  the 
slate  board  of  education  that  they  have  had  twenty-four  months 
of  successful  teaching  experience,  and  who  shall  also  produce 
evidence  satisfactory  to  the  state  board  of  education  of  profes- 
sional training  equivalent  to  at  least  one-sixth  of  a  standard 
four  years'  college  course  and  at  least  three  of  the  following 
groups  of  subjects,  one  of  which  shall  be  Practice  Teaching, 
to  wit: 

(1)  General  and  Educational  Psychology. 

(2)  History  of  Education. 

(3)  Science  and  Principles  of  Education. 

(4)  Practice  Teaching  and  Special  Methods. 

(5)  Organization  and  Management  of  Schools. 

(6)  Philosophy,    Sociology    and    Anthropology.      [L.    '09, 
p.  371,  §4. 

5869d.     Who  need  not  take  examination. 

The  state  board  of  education  shall  grant  state  diplomas  to 
all  persons  who  shall  be  teaching  in  the  public  high  schools  of 
the  state  of  Colorado  at  the  time  of  the  passage  of  this  act  and 
who  shall,  within  a  period  of  six  months  thereafter,  satisfy  the 
state  board  of  education  that  they  have  had  forty-five  months' 
successful  teaching  experience  in  the  public  high  schools  of 
the  state  of  Colorado.  [L.  '09,  p.  371,  §5. 


36  SCHOOL    LAWS    OF 

5869e.     Diploma  for  eminent  service. 

The  state  board  of  education  may,  in  their  discretion,  issue 
state  diplomas  without  examination,  to  those  persons  who,  in 
addition  to  good  moral  character  and  scholarly  attainments 
have,  in  the  opinion  of  the  state  board  of  education,  rendered 
eminent  service  in  the  educational  work  of  the  state  for  a 
period  of  not  less  than  six  years.  [L.  '09,  p.  371,  §6. 

5869f.     Diplomas  license  to  teach  for  five  years. 

State  diplomas,  granted  under  the  provisions  of  this  act, 
shall  license  the  holders  thereof  to  teach  in  the  public  schools 
of  any  county,  city,  town  or  district  in  the  state  without  the 
necessity  of  any  other  examination,  for  a  period  of  five  years 
unless  sooner  revoked  by  the  s'tate  board  of  education,  and  at 
the  expiration  of  said  time,  the  same  may  be  renewed  for  a 
like  period  of  five  years  in  the  discretion  of  the  state  board  of 
education,  and  at  the  expiration  of  this  time,  the  same  may  be 
renewed  for  life  upon  presentation  to  the  state  board  of  educa- 
tion of  satisfactory  evidence  of  professional  growth  and  effi- 
ciency; Provided,  That  the  state  board  of  education  shall  issue 
upon  application,  without  examination,  to  those  persons  who 
possess  the  qualifications  set  forth  in  section  4  of  this  act, 
experience  in  teaching  alone  excepted,  a  temporary,  non- 
renewable  certificate  to  teach  for  five  years  in  the  public  schools 
of  Colorado.  [L.  '09,  p.  371,  372,  §7. 

5870.  Board  may  revoke  diploma. 

The  state  board  of  education  may  at  any  time  revoke 
a  state  diploma,  upon  satisfactory  evidence  that  the  holder 
thereof  has  become  unworthy  the  same;  Provided,  That  before 
revoking  any  such  diploma,  the  holder  thereof  shall  have  at 
least  thirty  days'  notice  to  appear  before  the  state  board  and 
refute  any  charges  brought  against  him. 

STATE    SUPERINTENDENT. 

5871.  Election  of  state  superintendent — term. 

At  the  general  election,  to  be  held  in  the  year  of  our 
Lord  one  thousand  eight  hundred  and  seventy-eight,  and  every 
two  years  thereafter,  a  state  superintendent  of  public  instruction 
shall  be  elected  by  the  qualified  electors  of  the  state,  who  shall 
hold  office  for  the  term  of  two  vears  from  the  second  Tuesdav 


II I K    STATE    OF    COLORADO.  37 

of  January  next  after  his  election,  and  until  his  successor  is 
duly  elected  and  qualified. 

5872.  Oath  and  bond  of  superintendent. 

Before  entering  upon  his  duties  he  shall  take  and  sub- 
scribe the  oath  of  office  prescribed  by  the  constitution,  and 
shall  also  execute  a  bond  in  the  penalty  of  five  thousand 
dollars,  payable  to  the  state  of  Colorado,  with  sureties  to  be 
approved  by  the  state  auditor,  conditioned  upon  the  faithful 
discharge  of  his  official  duties,  and  the  delivery  to  his  successor 
of  all  books,  papers,  documents  and  other  property  belonging  to 
the  office.  Said  bond  and  oath  shall  be  deposited  with  the  secre- 
tary of  state. 

5873.  Powers  and  duties  of  superintendent. 

He  shall  have  an  office  at  the  seat  of  government,  where 
shall  be  kept  an  official  seal,  and  all  books  and  papers  apper- 
taining to  the  business  of  his  office.  He  shall  file  all  papers, 
reports,  and  public  documents  transmitted  to  him  by  the  school 
officers  of  the  several  counties,  each  year  separately,  and  hold 
the  same  in  readiness  to  be  exhibited  to  the  governor,  or  to  any 
committee  of  either  house  of  the  general  assembly.  Copies  of  all 
papers  filed  in  his  office,  and  his  official  acts  may  be  certified  by 
him ;  and  when  so  certified,  shall  be  evidence  equally  and  in  like 
manner  as  the  original  papers.  He  shall  decide  all  points  touch- 
ing 1lic  construction  of  the  school  laws,  which  may  be  submitted 
to  him  in  writing  by  any  school  officer,  teacher  or  other  person 
in  the  state,  and  his  decisions  shall  be  held  to  be  correct  and  final 
until  set  aside  by  a  court  of  competent  jurisdiction,  or  by  sub- 
sequent legislation;  and  said  decisions,  correspondence  and  in- 
structions may  be  communicated  through  the  columns  of  any 
regularly  published  periodical  that  is  devoted  to  the  interest  of 
education.  He  shall  prepare  lists  of  questions  for  the  use  of 
county  superintendents  at  the  quarterly  examination  of  teachers, 
and  make  such  suggestions  concerning  their  use,  as  shall  tend  to 
secure  uniform  examinations  in  the  different  counties;  and  he 
may  call  to  his  aid,  in  the  preparation  of  said  questions,  such 
assistance  as  he  may  deem  proper. 

5873a. 

The  state  superintendent  of  public  instruction  shall  prepare 
or  cause  to  be  prepared  suitable  test  cards,  blanks,  record  books, 
and  other  needful  appliances  and  supplies  to  be  used  in  testing 


38  SCHOOL   LAWS   OF 

the  sight,  hearing  and  breathing  of  pupils  in  the  public  schoolsr 
and  the  necessary  instructions  for  their  use;  and  shall  furnish 
the  same  free  of  expense  to  every  public  school  in  the  state.  The 
teacher  or  principal  in  every  public  school,  or  where  there  is  no 
principal,  the  county  superintendent,  shall,  during  the  first 
month  of  each  school  year,  test  the  sight,  hearing  and  breathing 
of  all  pupils  under  his  charge,  such  examination  to  be  made  by 
observation,  without  using  drugs  or  instruments,  and  without 
coming  in  contact  with  said  child;  and  keep  a  record  of  such 
examinations  according  to  the  instructions  furnished  and  make 
a  written  report  of  such  examinations  to  the  state  superintend- 
ent of  public  instruction  as  he  may  require.  [L.  '09,  p.  490,  §1. 

5873b. 

The  State  Auditor  is  hereby  directed  to  draw  his  order  for 
such  sums  and  at  such  times  as  the  State  Superintendent  of 
Public  Instruction  may  require  to  carry  out  the  provisions  of 
this  act.  The  total  expenses  under  this  act  shall  not  exceed  one 
thousand  dollars  (|1,000.00)  in  any  biennial  period  ending  No- 
vember 30.  [L.  '09,  p.  491. 

5874.     Shall  furnish  blanks — cost — prepare  the  laws — cost. 

He  shall  have  a  general  supervision  of  all  the  county  super- 
intendents and  of  the  public  schools  of  the  state.  He  shall 
prepare,  have  printed  and  furnished  to  teachers  and  all  officers 
charged  with  the  administration  of  the  laws  relating  to  public 
schools  such  blank  forms,  registers  and  books  as  may  be  neces- 
sary to  the  discharge  of  their  duties,  but  he  shall  not  copyright 
such  forms,  nor  be  directly  nor  indirectly  compensated  by  reason 
of  the  sale  thereof.  All  registers  and  blank  books  so  furnished 
for  the  use  of  teachers  and  school  officers  shall  be  charged  to  the 
respective  counties  at  cost,  and  the  county  superintendent  of 
schools  shall  receipt  for  and  distribute  the  same  among  the 
districts  of  his  county  as  they  may  require;  and  the  amount  so 
charged  against  each  county  shall  be  deducted  from  the  amount 
apportioned  to  such  county  at  the  semi-annual  apportionment 
of  the  state  school  fund;  and  the  superintendent  of  public  in- 
struction shall  certify  to  the  state  treasurer  the  aggregate 
amount  of  such  deductions,  and  the  treasurer  shall  thereupon 
transfer  said  amount  from  the  school  fund,  subject  to  apportion- 
ment, to  the  general  fund. 

The  superintendent  of  public  instruction  shall  have  the  laws 
relating  to  public  schools  printed  in  pamphlet  form,  and  annexed 
thereto  forms  for  making  reports  and  conducting  school  business, 
and  shall  supply  school  officers,  school  libraries  and  state 
libraries  with  a  copy  each.  Said  printing  to  be  paid  for  out  of 


THE    STATE    OF    COLORADO.  39 

the  printing  fund  on  warrant  of  the  auditor,  on  bills  approved 
by  the  superintendent  of  public  instruction  and  attested  by  the 
secretary  of  state. 

5875.  Report  of  superintendent — visitations — investigations — expenses. 

He  shall,  on  or  before  the  tenth  day  of  December  in 
every  year  preceding  that  in  which  shall  be  held  a  regular 
session  of  the  general  assembly,  report  to  the  governor  the  con- 
dition of  the  public  schools,  the  amount  of  state  school  fund 
apportioned,  and  sources  from  which  derived,  with  such  sug- 
gestions and  recommendations  relating  to  the  affairs  of  his  office 
as  he  may  think  proper  to  communicate.  It  shall  be  his  duty 
to  visit  annually  such  counties  in  the  state  as  most  need  his 
personal  attendance,  and  all  counties,  if  practicable,  for  the 
purpose  of  inspecting  the  schools,  awakening  and  guiding  public 
sentiment  in  relation  to  the  practical  interests  of  education,  and 
diffusing  as  widely  as  possible,  by  public  addresses  and  personal 
communication  'with  school  teachers  and  parents,  a  knowledge 
of  existing  defects  and  of  desirable  improvements  in  the  govern- 
ment and  instruction  of  the  schools;  and  he  shall  open  such 
correspondence  as  may  enable  him  to  obtain  all  necessary  in- 
formation relating  to  the  system  of  public  schools  in  other  states; 
and  he  shall  receive  out  of  the  state  treasury,  for  actual  neces- 
sary traveling  expenses,  and  other  expenses  while  traveling  on 
the  business  of  the  department,  not  exceeding  five  hundred 
dollars  per  annum,  for  which  he  shall  render  an  itemized  bill 
to  the  auditor  of  state,  who  is  hereby  authorized  to  draw  his 
warrant  therefor;  and  all  office,  fuel,  furniture,  postage,  books, 
stationery,  and  other  contingent  expenses  pertaining  to  his  office, 
shall  be  furnished  in  the  same  manner  as  those  of  the  other 
departments  of  the  state  government. 

5876.  May  employ  assistant  librarian — salary. 

He  may  employ  an  assistant  librarian,  who  shall  have  charge 
of  the  state  library,  under  such  regulations  as  may  be  prescribed 
by  the  state  librarian,  or  by  law.  Said  assistant  shall  receive 
the  annual  salary  of  one  thousand  dollars  for  his  services. 

COUNTY    SUPERINTENDENT. 

5877.  Election — oath — bond — when  term  begins. 

There  shall  be  elected  in  each  county,  at  the  general  elec- 
tion, in  the  year  one  thousand  eight  hundred  and  seventy- 
seven,  and  biennially  thereafter,  a  county  superintendent  of 
public  schools,  who  shall  take  office  on  the  second  Tuesday  of 


40  SCHOOL    LAWS    OF 

January  next  succeeding  that  in  which  such  election  shall  be 
held.  He  shall  hold  his  office  for  two  years,  and  until  his  suc- 
cessor shall  be  elected  and  qualified.  Before  entering  upon  the 
duties  of  his  office  he  shall  take  the  oath  prescribed  by  the 
constitution,  and  execute  a  bond  payable  to  the  people  of  the 
state  of  Colorado,  with  two  or  more  sureties,  to  be  approved  by 
the  board  of  county  commissioners,  in  penalty  of  not  less  than 
two  thousand  dollars,  to  be  increased  at  the  discretion  of  said 
board,  conditioned  upon  the  faithful  performance  of  the  duties 
of  his  office,  and  the  delivery  of  all  moneys  and  property  as  such 
superintendent  to  his  successors,  which  bond  shall  be  filed  in 
the  office  of  the  county  clerk. 

5878.  Failure  to  qualify — vacancy— appointment. 

Should  the  superintendent-elect  fail  to  qualify  as  afore- 
said, or  should  there  occur  a  vacancy  in  said  office,  the  board 
of  county  commissioners  shall,  at  their  next  meeting  after 
such  vacancy  or  failure  to  qualify  occurs,  appoint  an  eligible  and 
suitable  person,  who  shall  qualify  within  ten  days  after  his 
appointment,  and  who  shall  continue  in  office  until  the  next 
general  election  thereafter.  Should  such  appointee  fail  to  qualify 
as  aforesaid,  another  appointment  shall  be  made  in  the  same 
manner,  until  the  vacancy  shall  be  filled  by  appointment  or 
election. 

5879.  May  appoint  deputy — compensation. 

If  for  any  cause  the  superintendent  is  unable  to  at- 
tend to  the  duties  of  his  office,  he  may  appoint  a  deputy,  who 
shall  take  the  usual  oath  or  affirmation  of  office,  and  who  may 
exercise  all  the  functions  of  county  superintendent,  but  such 
deputy  shall  draw  no  salary  from  the  public  fund;  Provided, 
That  the  superintendent  may  receive  a  per  diem  for  the  services 
of  such  deputy. 

5880.  County  superintendent  to  make  reports. 

On  the  first  Tuesday  of  September  in  each  year,  the 
county  superintendent  shall  make  a  report  to  the  superin- 
tendent of  public  instruction  for  the  school  year  ending  June 
thirtieth  next  preceding,  which  report  shall  contain  an  abstract 
of  the  reports  made  to  him  by  district  secretaries,,  and  such 


THE    STATE    OF    COLORADO.  41 

other  matters  as  the  superintendent  of  public  instruction  may 
direct,  and  shall  be  in  such  form  and  upon  such  blanks  as  the 
superintendent  of  public  instruction  shall  furnish.  The  county 
superintendent  shall  retain  a  copy  of  all  such  reports  and  file 
ilic  same  in  his  office. 

5881.  Duties  of  county  superintendent. 

It  shall  be  the  duty  of  the  county  superintendent  to 
exercise  a  careful  supervision  over  the  schools  of  his  county, 
to  visit  each  school  at  least  once  during  each  quarter  it  is  in 
session,  to  see  that  all  the  provisions  of  this  act  are  observed 
and  followed  by  teachers  and  school  officers;  to  examine  the 
accounts  of  the  district  officers  to  see  if  such  accounts  are  prop- 
erly kept,  and  all  district  funds  properly  accounted  for;  to  keep 
in  a  good  and  substantial  bound  book  a  record  of  his  official 
acts, .  and  of  other  matters  required  by  law  to  be  recorded ;  to 
obey  the  legal  instructions  and  decisions  of  the  superintendent 
of  public  instruction.  He  shall  also  keep  a  record  of  the  reg- 
isters, record  books,  and  order  books  furnished  to  the  several 
districts  of  his  county;  and  it  shall  be  his  duty  to  hold  county 
teachers'  associations  whenever,  in  his  judgment,  the  interests 
of  the  school  work  demand  it;  the  records  of  the  county  super- 
intendent's office  shall  be  open  to  the  inspection  of  any  citizen 
of  the  county,  and  within  one  week  from  the  close  of  each  school 
year  he  shall  publish  in  some  newspaper  published  in  the  county, 
if  there  be  such  a  paper,  a  statement  of  the  apportionment  of 
school  funds  for  the  year  preceding. 

[County  superintendent  shall  revise  school  census.     Section  5939.] 

5882.  Penalty  for  failure  to  make  report. 

If  the  county  superintendent  fails  to  make  a  full  and  cor- 
rect report  to  the  superintendent  of  public  instruction,  as  pro- 
vided by  law,  and  shall,  after  written  request  or  notice  from 
the  superintendent  of  public  instruction  or  from  the  board  of 
county  commissioners,  delay  more  than  ten  (10)  days  after  the 
service  of  such  notice  to  make  such  report,  he  shall  forfeit  the 
sum  of  one  hundred  dollars,  which  sum  the  board  of  county 
commissioners  may  deduct  from  any  money  due  him;  said  forfeit 
may,  however,  be  recovered  by  suit,  upon  his  official  bond. 

5883.  May  administer  oaths. 

The  county  superintendent  shall  have  power,  and  is  hereby 
authorized,  to  administer  oaths  and  affirmations  to  school  direc- 


42  SCHOOL    LAWS    OP 

tors,  teachers  and  all  other  persons,  in  official  matters  relating 
to  schools;  but  shall  receive  no  fee  for  so  doing. 

5884.  May  appoint  directors,  in  certain  districts. 

The  county  superintendent  shall  appoint  directors  for 
any  district  which  fails  to  elect,  as  provided  in  section  forty- 
four,  and  shall  fill  vacancies  that  may  occur  in  any  board  of 
directors  by  reason  of  death,  removal  from  office  or  from  the 
district,  resignation  or  otherwise,  except  in  the  boards  of  direct- 
ors of  districts  of  the  first  class,  and  the  officers  so  appointed 
shall  hold  office  only  until  the  ensuing  regular  election. 

[Section  44  referred   to   is  section  5918.] 

5885.  County  superintendent  keep  record  of  boundaries  of  school  districts. 

It  shall  be  the  duty  of  the  county  superintendent  to 
ascertain  the  boundaries  of  each  school  district  in  his  county, 
and  to  make  and  keep  a  record  of  the  same  in  a  suitable  bound 
book,  which  record  shall  show  definitely  the  boundaries  of  each 
district.  In  case  the  boundaries  are  found  to  be  conflicting  or 
incorrectly  described,  he  shall  harmonize  the  same  and  make 
a  report  of  such  action  to  the  board  of  school  directors  whose 
districts  are  affected  thereby.  District  officers  shall  have  access 
to  such  records  for  the  purpose  of  examination,  making  copies, 
or  for  other  legitimate  purposes.  The  county  superintendent 
shall  prepare  or  have  prepared  a  map  of  the  county,  showing  the 
correct  boundaries  of  the  districts. 

5886.  Supplies  and  office  hours  of  superintendent. 

The  commissioners  shall  provide  him  with  a  suitable  office 
at  the  county  seat  and  all  necessary  blank  books,  stationery, 
postage,  expressage  and  other  expenses  of  his  office  not  other- 
wise provided  for,  which  last  mentioned  expenses  shall  be  paid 
for  from  the  county  fund.  He  shall  keep  his  office  open  for  the 
transaction  of  official  business  such  days  of  each  week  as  the 
duties  of  the  office  may  require. 

SCHOOL  FUND. 

5887.  Apportionment  of  public  school  fund. 

It  shall  be  the  duty  of  the  state  auditor  to  notify 
the  superintendent  of  public  instruction  of  the  amount  of 
money  in  the  state  treasury  to  the  credit  of  the  public  school 
income  fund  on  the  thirtieth  dav  of  June  and  December  in  each 


THE    STATE    OF    COLORADO.  43 

year.  Within  fifteen  days  after  receiving  such  notification, 
the  superintendent  of  public  instruction  shall  apportion  said 
fund  among  the  several  counties  of  the  state,  from  which 
reports  have  been  received  by  said  superintendent,  as  provided 
in  this  act,  in  proportion  to  the  school  population  as  shown  by 
the  report  of  each  county  for  the  year  next  preceding  such 
apportionment,  making  such  deductions  as  are  provided  in  sec- 
tion 9  of  said  chapter.  And  the  superintendent  of  public 
instruction  shall  certify  said  apportionment  to  the  state  auditor, 
and  upon  such  certificate  the  auditor  shall  draw  his  warrant 
on  the  state  treasurer  in  favor  of  the  county  treasurer  of  each 
county  for  the  amount  due  said  county.  The  superintendent 
shall  also  certify  to  the  superintendent  of  each  county  the 
amount  apportioned  to  such  county. 

[Section  9  above  referred  to  is  section  5874.] 

5888.  Apportionment  of  county  school  fund. 

The  county  superintendent  shall  apportion  the  general  school 
fund  of  the  county  among  the  several  school  districts,  in  accord- 
ance with  the  provisions  of  sections  72  and  73  of  this  chapter, 
quarterly,  to  wit:  On  the  first  Monday  in  January,  April,  July 
and  October  in  each  year,  and  he  may  apportion  the  same  at 
other  times,  if  there  be  sufficient  money  in  the  treasury  to  require 
it.  He  shall  certify  each  apportionment  promptly  to  the  county 
treasurer,  and  shall  also  notify  the  secretary  of  each  district  of 
the  amount  placed  to  the  credit  of  his  district. 

[Sections  72  and  73  above  referred  to  are  sections  5889  and  5890.] 

5889.  Apportionment,  how  bassd. 

In  apportioning  the  general  fund,  as  directed  in  sec- 
tion nineteen  of  this  chapter,  the  county  superintendent  shall 
base  the  July  apportionment,  in  each  year,  on  the  census 
lists  and  reports  of  the  secretaries  of  the  several  districts  for 
the  school  year  next  preceding,  and  he  shall  base  all  apportion- 
ments on  said  lists  and  reports  for  a  period  of  one  year,  except 
in  the  case  of  the  apportionment  of  new  districts,  as  provided 
in  section  thirty-two  of  this  chapter. 

[Section  32  above  referred  to  is  section  5912.] 

5890.  Apportionment. 

The  county  superintendent  shall  apportion  the  fund  afore- 
said among  the  districts  entitled  to  the  same,  according  to  the 
number  of  persons  of  school  age,  as  shown  by  the  census  lists 
and  reports  of  the  several  districts  for  the  school  year  imme- 
diately preceding,  as  provided  in  section  seventy-two. 

[Section  72  above  referred  to  is  section  5889.] 


44  /  SCHOOL    LAWS   OP 

5891.  Effect  of  failure  to  maintain  school. 

Any  school  district  failing  to*  maintain  a  public  school  at 
least  three  months  of  any  school  year,  shall  not  be  entitled  to 
receive  any  portion  of  the  school  fund  for  that  year. 

5892.  Apportionment  of  normal  institute  fund. 

At  the  time  of  apportioning  the  state  school  fund 
in  July  of  each  year  the  superintendent  of  public  instruction 
shall  apportion  the  state  normal  institute  fund  equally  among 
the  normal  institute  districts  of  the  state,  and  the  sum  accred- 
ited to  each  normal  institute  district  shall  be  transmitted  to 
the  custodian  of  the  normal  institute  fund  thereof  in  the  same 
manner  as  each  county's  apportionment  of  the  state  school  fund 
is  now  transmitted  to  the  county  treasurer;  and  each  district's 
apportionment  of  the  state  normal  institute  fund  shall  be 
applied  and  expended  in  the  same  manner  and  for  the  same 
purposes  as  the  fund  of  each  normal  institute  district  has  here 
tofore  been  applied  and  expended. 

COUNTY    SCHOOL    TAX. 

5893.  Tax  levy — basis  for  making  estimate. 

The  county  commissioners  shall,  at  the  time  of  levying 
the  tax  for  county  purposes,  cause  to  be  levied  a  tax  for 
the  support  of  the  schools  within  the  county,  of  not  less 
than  two  (2)  mills  on  the  dollar,  of  the  assessed  value  of  all 
taxable  property,  real  and  personal,  within  the  county,  which 
tax  shall  be  collected  by  the  county  treasurer  at  the  same  time, 
and  in  the  same  manner,  as  state  and  county  taxes  are  col- 
lected, except  that  it  shall  be  receivable  only  in  cash.  It  is 
hereby  made  the  duty  of  the  county  superintendent  of  schools 
to  certify  to  the  board  of  county  commissioners  at  this  time  the 
amount  of  money  needed  per  capita,  to  enable  each  school  dis- 
trict in  the  county  to  maintain  a  public  school  four  (4)  months 
in  each  year,  as  required  by  law.  In  making  his  estimate,  the 
county  superintendent  shall-  not  take  into  consideration  dis- 
tricts whose  school  population  shall  be  less  than  fifteen  (15), 
as  shown  by  the  school  census  preceding  the  time  of  making 
the  levy.  He  shall  use  as  a  basis  for  making  his  estimate  the 
sum  of  forty  (40)  dollars  per  month  for  the  teacher's  salary. 
All  other  expenses  of  the  school  must  be  provided  for  by  the 
board  of  directors  by  spe.cial  tax.  It  is  hereby  made  the  duty 
of  the  county  commissioners  to  increase  the  minimum  rate  of 
two  (2)  mills,  to  what  shall  be  required  for  the  purpose  as 
stated  as  above;  Provided,  That  such  tax  levy  shall  in  no  case 


THE    STATE    OF    COLORADO.  45 

exceed  five  (5)  mills;  Provided,  further,  If  any  school  district 
shall  fail  to  certify  a  special  tax  for  other  expenses  of  the  dis- 
trict necessary  to  maintaining  a  public  school  each  year,  as 
provided  for  in  section  77,  the  county  commissioners  shall  cause 
the  same  to  be  levied. 

[Section  77  above  referred  to  is  section  6009.] 

5894.  Penalty  for  failure  of  officer  to  make  levy. 

No  county  clerk  or  other  person  who  shall  make  out 
the  tax  list  or  assessment  roll  of  any  county,  shall  omit  or 
neglect  to  levy  said  tax  of  two  (2)  mills,  as  aforesaid,  by  reason 
of  the  omission  of  the  board  of  county  commissioners  to  pass  a 
resolution  for  that  purpose.  Failure  to  levy  a  tax  of  at  least 
two  (2)  mills,  as  above  specified,  shall  be  deemed  a  violation 
of  the  law,  and  the  person  or  persons  through  whose  neglect 
or  refusal  the  failure  so  to  levy  shall  occur,  shall  forfeit  the 
sum  of  one  hundred  (100)  dollars  each,  and  be  liable  for  all 
damages  resulting  from  such  neglect  or  failure. 

5895.  School  board  certify  amount  of  tax  to  be  levied — duties  of  treasurer 

and  assessor. 

On  or  before  the  day  designated  by  law  for  the  com- 
missioners of  each  county  to  levy  the  requisite  taxes  for 
the  then  ensuing  year,  the  school  board  in  each  district  shall 
certify  to  the  county  commissioners  the  number-  of  mills  per 
dollar  which  it  is  necessary  to  levy  on  the  taxable  property  of 
the  district,  to  raise  a  special  fund  for  any  of  the  purposes 
specified  in  section  51  of  this  chapter,  and  the  county  commis- 
sioners shall  cause  the  same  to  be  levied  at  the  same  time  that 
other  taxes  are  levied;  and  the  amount  of  such  special  tax 
which  shall  be  assessed  to  each  taxpayer  of  such  district  shall 
be  placed  in  a  separate  column  of  the  tax  book,  which  shall  be 
headed  "Special  School  Tax;"  Provided,  That  a  school  board  of 
a  district  of  the  third  class  shall  not  certify,  as  above,  to  a 
higher  rate  than  fifteen  mills  per  dollar.  There  shall  also  be 
a  column  in  said  tax  book  in  which  shall  be  designated  the 
number  of  the  school  district  in  which  the  property  is  listed. 
This  tax  shall  be  collected  in  cash  only,  and  placed  to  the  credit 
of  the  proper  district  as  fast  as  collected,  and  the  amount 
placed  to  the  credit  of  each  district  shall  be  reported  to  the 
secretary  of  such  district  at  the  end  of  every  month,  and  shall 
be  subject  to  the  order  of  the  district  board.  It  is  hereby  made 
the  duty  of  the  county  assessor  and  county  treasurer  to  so 
arrange  their  tax  schedules  and  books  as  to  conform  to  the 
above  provision;  Provided,  That  the  county  assessor  shall  list 
all  property,  both  real  and  personal,  in  the  school  district  in 


46  SCHOOL   LAWS   OF 

which  the  same  may  be  on  the  first  day  of  May;  And,  provided, 
further,  That  the  board  of  any  district  may  order  the  levy  of 
not  to  exceed  one-tenth  of  one  mill,  the  proceeds  of  which  shall 
be  used  exclusively  in  the  purchase  of  books  for  a  library,  to  be 
open  to  the  public,  under  such  rules  as  the  district  board  may 
deem  needful  for  the  proper  care  of  the  said  library. 

[Section  51  above  referred  to  is  section  5925.] 

5896.  Question  of  levy  not  to  be  reconsidered. 

It  shall  not  be  lawful  for  a  district  or  district  board  to 
reconsider  the  question  of  the  levy  of  a  special  tax  after  the 
same  has  been  certified  to  the  county  commissioners,  nor  shall 
said  commissioners  be  charged  with  any  discretion  in  the  matter 
of  such  levy  further  than  to  ascertain  if  the  law  has  been  obeyed. 

SPECIAL  FUNDS. 

5897.  What  fines  paid  to  school  fund — penalty  for  collector  failing  to  pay. 

All  fine^,  penalties  and  forfeitures  provided  by  this  act 
may  be  recovered  by  action  of  debt,  in  the  name  'of  the 
people  of  the  state  of  Colorado,  for  the  use  of  the  proper  school 
district  or  county,  and  shall,  when  they  accrue,  belong  to  the 
respective  districts  or  counties  in  which  the  same  may  have 
been  incurred;  and  the  county  treasurers,  for  their  counties, 
are  hereby  authorized  to  receive  and  cause  to  be  placed  to  the 
proper  credit  such  forfeitures.  Except  as  otherwise  provided 
by  law,  all  sums  of  money  derived  from  fines  imposed  for  viola- 
tion of  orders  of  injunction,  mandamus  and  other  like  writs, 
or  for  contempt  of  court,  shall  be  paid  into  the  school  fund  of 
the  county  wherein  the  contempt  or  such  violation  was  com- 
mitted; and  the  clear  proceeds  of  all  fines  collected  within  the 
several  counties  of  the  state  for  breach  of  the  penal  laws,  and 
all  funds  arising  from  the  sale  of  lost  goods  and  estrays  shall 
be  paid  over  in  cash  By  the  person  collecting  the  same,  within 
twenty  (20)  days  after  the  collection,  to  the  county  treasurer 
of  the  county  in  which  the  same  have  accrued,  and  shall  be  by 
him  credited  to  the  general  county  school  fund.  He  shall  indi- 
cate in  such  entry  the  source  from  which  such  money  was 
derived.  Any  officer  or  person  collecting  or  receiving  any  such 
fines,  forfeitures  or  other  moneys,  and  refusing  and  failing  to 
pay  over  the  same,  as  required  by  law,  shall  forfeit  double  the 
amount  so  withheld  and  interest  thereon  at  the  rate  of  five  (5) 
per  cent,  per  month  during  the  time  of  so  withholding  the 
same;  and  it  shall  be  a  special  duty  of  the  county  superin- 
tendent of  schools  to  supervise  and  see  that  the  provisions  of 
this  section  are  fully  complied  with,  and  report  thereupon  to 


THE    STATE    OF    COLORADO.  47 

the  county  commissioners  semi-annually  or  oftener,  if  required 
by  them. 

[For  fines,  penalties  and  forfeitures,  which  are  paid  into  school  fund,  see 
sections  50,  423,  440,  535,  961,  1004,  1352,  1362,  1794,  1S77,  2384,  3243,  4305,  4701,  4710,  4820, 
5510,  6369,  6380,  6422,  6895  and  7012,  R.  S,,  1908.] 

5898.  Genera!  fund  not  to  be  used  for  building  purposes. 

It  shall  be  illegal  for  any  school  board  to  appropriate, 
or  cause  to  be  used,  any  money  belonging  to  the  general 
school  fund,  for  the  purpose  of  building,  furnishing  or  erecting 
additions  to  any  school  house,  or  for  the  purchase  or  improve- 
ment of  any  school  house,  site  or  lot;  Provided,  That  if  any  por- 
tion of  the  aforesaid  school  fund  remains  to  the  credit  of  any 
district  after  the  payment  of  all  expenses  necessary  to  the 
support  of  a  public  school  for  a  period  of  ten  months  in  any 
one  year  in  said  district,  it  shall  be  lawful  for  the  district  board 
to  use  such  balance  for  any  other  purpose  provided  for  in  sec- 
tion fifty-one  of  this  chapter. 

[Section  51  referred   to  above  is  section  5925.] 
5898a. 

That  all  moneys  to  which  the  various  counties  of  the  state 
of  Colorado  are  now  or  may  hereafter  become  entitled  under 
the  act  of  congress  of  May  23,  1908,  or  other  acts,  in  which 
counties  a  forest  reserve,  or  any  portion  thereof  is  situated, 
shall  at  the  beginning  of  each  fiscal  year  and  every  six  months 
thereafter  be  awarded  and  apportioned  through  the  proper 
state  officials  of  this  state  to  such  counties  in  proportion  to  the 
area  of  the  forest  reserve  in  each  county;  and  such  apportion- 
ment of  said  funds  shall  be  determined  by  the  state  auditor, 
and  the  state  auditor  is  authorized  and  directed  to  draw  war- 
rants upon  the  state  treasurer  in  favor  of  the  county  treasurer 
of  each  county  for  the  amount  due  each  county  under  the  appor- 
tionment and  made  direct  to  the  county  treasurers  of  said  coun- 
ties, and  in  accordance  with  the  so-called  agricultural  appro- 
priation act  of  congress,  approved  May  23,  1908,  and  the  county 
commissioners  of  said  county  shall  direct  the  said  fund  to  be 
credited  as  follows,  to-wit:  Not  less  than  5  per  cent,  of  said 
sum  shall  be  expended  for  either  roads  or  school  funds  in  the 
discretion  of  the  board  of  county  commissioners.  [L.  '09, 
p.  35,  §1. 

DUTIES  OF  COUNTY  TREASURER. 

5899.  County  treasurer  certify  school  moneys  collected — pay  over — failure 

— penalty. 

The  county  treasurer  shall,  on  or  before  the  first  day 
of  January,  April,  July  and  October,  of  each  year,  certify 


48  SCHOOL   LAWS   OP 

the  amount  of  said  tax  which  shall  have  been  collected,  and 
the  amount  of  any  other  county  school  money,  then  in  the 
county  treasury,  to  the  county  superintendent,  and  shall  render 
him  a  statement  of  the  amount  uncollected.  The  amount 
unpaid  shall  be  collected  at  any  subsequent  time,  as  delinquent 
taxes  are  collected,  and  shall  be  certified  to  the  county  super- 
intendent as  aforesaid.  Should  the  treasurer  fail  at  any  time 
to  pay  over  the  tax  as  herein  provided,  he  shall  forfeit  the  sum 
of  one  hundred  (100)  dollars,  and  double  damages,  to  be  col- 
lected on  his  official  bond;  suit  to  be  brought  by  the  county 
superintendent,  for  the  benefit  of  his  county. 

5900.  Duties  of  county  treasurer  handling  school  fund. 

It  is  hereby  made  the  duty  of  the  county  treasurer  in 
each  county  to  keep  a  separate  account  with  each  school 
district  in  his  county,  to  place  to  the  credit  of  each  the  amount 
of  money  as  certified  to  by  the  county  superintendent,  as  pro- 
vided in  section  19,  and  to  pay  over  the  money  so  collected, 
upon  the  presentation  of  the  legally  drawn  warrants  or  orders 
of  the  district  officers  entitled  to  draw,  the  same;  Provided, 
That  if  the  county  superintendent  shall  notify  the  county  treas- 
urer, in  writing,  that  there  has  been  a  failure  on  the  part  of 
any  board  of  directors  to  comply  with  the  law,  and  that  said 
money  should  be  withheld  from  said  board  of  directors,  he  shall 
retain  the  same  until  further  notice  from  the  county  superin- 
tendent; on  or  before  the  fifth  day  of  July  in  each  year  he  shall 
render  to  the  county  superintendent  of  schools  a  statement  of 
the  receipts  and  disbursements  on  account  of  the  several  dis- 
tricts of  all  the  school  funds  which  have  passed  through  his 
hands  during  the  school  year  next  preceding,  and  at  the  same 
time  he  shall  render  to  each  district  secretary  a  statement  of 
receipts  and  disbursements  of  such  district.  All  money  which 
shall  become  forfeited  by  any  district  shall  be  put  into  the  gen- 
eral school  fund  and  reapportioned  as  other  moneys. 

[When  treasurer  shall  pay  school  orders.    Section  1326.] 

5901.  Treasurer  keep  separate  accounts — warrants. 

It  shall  be  the  duty  of  the  county  treasurer  to  open 
and  keep  separate  accounts  with  each  school  district  in 
his  county,  and  hold  the  funds  of  each  district,  subject  to  the 
legal  warrants  of  the  president,  as  provided  by  section  fifty- 
three  of  this  chapter.  If  the  legal  warrant  of  any  school  dis- 
trict in  this  county  be  presented  to  the  county  treasurer  when 
there  are  no  funds  in  his  hands  to  the  credit  of  the  district  fund 
against  which  the  warrant  is  drawn,  he  shall  endorse  such  war- 


THE    STATE    OF    COLORADO.  49 

rant  "No  Funds,"  and  said  warrant  shall  draw  interest  from 
the  date  of  such  endorsement  at  the  same  rate  as  county  war- 
rants in  like  condition.  The  treasurer  shall  keep  a  list  of  all 
warrants  so  endorsed,  and  shall  pay  them  whenever  there  is 
sufficient  money  to  the  credit  of  the  proper  fund,  in  the  order 
of  such  endorsement.  The  interest  on  such  warrants  shall  stop 
when  the  treasurer  shall  give  notice  that  he  has  funds  to  pay 
the  same;  Provided,  It  shall  not  be  lawful  for  the  officers  of 
any  district  to  issue  warrants  at  any  time  in  an  amount  in 
excess  of  the  tax  levy  for  the  current  year. 

[Section  53  above  referred  to  is  section  5934.] 

5902.  Cancellation  of  paid  school  orders. 

That  it  shall  be  the  duty  of  county  treasurers  to  cancel  all 
paid  school  orders,  with  a  proper  canceling  stamp,  showing 
the  date  of  payment. 

5903.  Report  of  county  treasurer  to  school  directors. 

That  it  shall  be  the  duty  of  the  county  treasurers  to  render 
to  the  secretary  of  each  board  of  school  directors,  quarterly, 
an  itemized  statement  of  account  of  their  respective  district, 
showing: 

(a)  The  number  and  amounts  of  all  orders  paid  and  charged 
against  the  accounts  of  the  respective  districts. 

(b)  The  amounts  of  money  received  and  credited  to  the 
accounts  of  the  respective  districts. 

(c)  The   balance   due    said   districts   at   the   end   of   each 
quarter. 

5904.  Receipt  for  and  report  on  orders. 

That  the  said  county  treasurers  shall  enclose  with  each 
quarterly  statement,  a  proper  blank  upon  which  the  secre- 
tary of  each  respective  board  of  directors  may  report  to  their 
county  treasurer  that  said  canceled  orders  and  statements  have 
been  received  and  found  correct. 

5905.  Inspection  of  report. 

That  it  shall  be  the  duty  of  each  secretary  of  the  boards 
of  school  directors  to  exhibit  said  quarterly  report  to  the 
board  at  its  first  regular  meeting  after  the  receipt  of  said  report 
for  the  inspection  of  said  board  and  that  the  board  shall  examine 
said  quarterly  report  and  canceled  orders  and  instruct  the  sec- 
retary to  report  the  correctness,  or  incorrectness,  if  any  be  found, 
upon  the  blank  furnished  by  the  county  treasurer. 


50  SCHOOL   LAWS    OP 

5906.  Canceled  orders  preserved. 

That  it  shall  be  the  duty  of  each  secretary  of  the  several 
boards  of  school  directors,  and  their  successors,  to  keep 
on  file  for  a  term  of  six  (6)  years,  all  quarterly  reports  and 
canceled  orders  received  from  county  treasurers,  and  at  the  end 
of  said  period  to  cancel  by  fire,  all  canceled  orders,  filing  the 
quarterly  'reports  for  such  period  for  future  reference. 

'  SCHOOL    DISTRICTS. 

5907.  Organizing  new  districts — petition — notice — unorganized  territory. 

For  the  purpose  of  organizing  a  new  district  out  of  a 
portion  of  one  or  more  old  districts,  the  parents  of  at  least 
ten  children  of  school  age  residing  within  the  limits  of  the  pro- 
posed new  district  shall  petition  the  county  superintendent  in 
writing,  which  petition  shall  describe  the  boundaries  of  the 
proposed  district,  and  the  names  of  all  children  of  school  age 
residing  in  such  proposed  district  at  the  date  of  said  petition; 
and  said  list  of  names  shall  be  held  to  be  the  census  list  of  said 
district  until  the  next  regular  census  shall  be  taken;  and  if  any 
names  are  found  on  said  list,  and  also  on  other  census  lists  for 
the  current  year,  if  the  county  superintendent  is  satisfied  that 
the  children  so  named  are  bona  fide  residents  of  the  proposed 
district  he  shall  strike  such  names  from  the  lists  of  the  old 
districts,  when  the  organization  of  the  new  district  is  complete. 
If,  in  the  judgment  of  the  county  superintendent,  the  school 
interests  of  the  districts  affected  by  the  proposed  change  will  be 
best  promoted  by  said  change,  he  shall  direct  some  one  of  the 
petitioners,  who  is  a  legal  voter,  to  notify  each  elector  residing 
within  the  districts  so  to  be  formed,  by  personal  service  as  far 
as  convenient,  and  to  post  a  notice  in  three  public  places  in  said 
new  district,  that  such  petition  has  been  made,  and  that  a  meet- 
ing will  be  held,  naming  the  time  and  place  of  such  meeting,  to 
determine  the  question  of  the  proposed  organization.  People 
living  upon  unorganized  territory  may  organize  themselves  into 
a  school  district  at  any  time,  without  a  petition,  if  a  majority 
of  the  local  voters  residing  within  the  proposed  district  shall  so 
decide  at  a  meeting  of  which  reasonable  notice  has  been  given 
to  all  resident  voters,  and  which  meeting  shall  be  conducted  as 
is  now  provided  by  law  for  the  organization  of  new  districts; 
Provided.,  That  in  addition  to  the  copy  of  the  proceedings  now 
required  by  law,  the  secretary  shall  also  transmit  to  the  county 
superintendent  a  certified  list  of  all  children  of  school  age  who 
are  residents  in  good  faith  in  said  district  at  the  date  of  the 
organization,  which  list  shall  be  held  to  be  the  census  list  of 
said  district  until  the  next  regular  school  census. 


THE    STATE    OP    COLORADO.  51 

5908.  Organization  of  electors — vote  to  organize — proceedings — when  dis- 

trict can  not  be  divided. 

The  qualified  electors  of  such  proposed  new  district,  when 
assembled,  in  accordance  with  the  notice  above  required,  shall 
organize  by  electing  a  chairman  and  secretary.  Every  legally 
qualified  elector,  and  none  other,  shall  be  entitled  to  vote 
at  such  meeting.  After  the  organization  of  such  meeting,  as 
above  mentioned,  a  vote  shall  be  taken  by  ballot  on  the  ques- 
tion whether  or  not  the  proposed  district  shall  be  organized. 
Those  in  favor  of  organization  shall  vote  "Yes,"  and  those  op- 
posed "No."  If  two-thirds  of  the  legal  voters  so  voting  are  found 
to  be  in  favor  of  sueh  organization,  and  not  otherwise,  the  meet- 
ing shall  proceed  to  elect  by  ballot  a  board  of  directors  of  said 
district,  who  shall  hold  office  until  the  ensuing  regular  election, 
as  provided  in  section  44  of  this  act.  The  secretary  of  said  meet- 
ing shall  immediately  transmit  to  the  county  superintendent  a 
copy  of  the  proceedings  of  the  meeting,  upon  receipt  of  which, 
if  the  proceedings  are  found  to  have  been  in  accordance  with 
law,  he  shall  establish  and  number  such  district  and  enter  a 
record  of  the  same,  and  of  the  proceedings  of  the  meetings,  as 
provided  in  section  24  of  this  act;  Provided,  If  such  organization 
of  a  new  district  works  great  hardship  to  any  head  of  a  family, 
a  statement  of  the  facts  may  be  submitted  to  the  superintendent 
and  two  disinterested  persons,  one  to  be  named  by  the  super- 
intendent and  one  by  the  person  affected,  and  if,  in  their  judg- 
ment, good  cause  be  shown  for  the  transfer,  he  may  be  trans- 
ferred to  another  district;  Provided,  further,  That  no  district 
shall  hereafter  be  divided  for  the  purpose  of  forming  a  new 
district,  unless  it  contains  an  area  of  more  than  nine  square 
miles  or  has  an  assessed  valuation  of  more  than  twenty  thousand 
(20,000)  dollars  and  forty  children  of  school  age,  nor  shall  a 
district  be  divided  if  by  so  doing  the  remainder  of  the  district 
shall  be  found  to  contain  less  than  twenty  persons  of  school  age, 
and  when  practicable,  the  district  shall  conform  to  government 
lines;  Provided,  also,  That  no  city  or  town  shall  hereafter  be 
divided  into  two  or  more  districts,  nor  shall  the  districts  of  the 
first  class  be  divided,  except  upon  a  vote  of  the  electors  of  the 
district,  submitted  at  an  annual  election,  a  majority  of  all  the 
votes  cast  being  in  favor  of  such  division. 

[Sections  24  and  44  above  referred  to  are  sections  5885  and  5918.] 

5909.  Uniting  contiguous  districts — vote — directors — annexing  contiguous 

territory. 

Two  or  more  contiguous  districts  may  be  united  into  one 
district.  For  the  purpose  of  effecting  such  union,  each  dis- 
trict shall,  at  a  special  meeting  legally  called  for  the  purpose. 


52  SCHOOL    LAWS   OF 

determine  by  ballot  whether  or  not  a  majority  of  the  legal  voters 
assembled  are  in  favor  of  such  union.  Those  in  favor  will  vote 
"Yes'7  and  those  opposed  "No."  If  a  majority  of  the  voters  pres- 
ent in  each  district  vote  in  favor  of  a  union,  a  union  meeting  shall 
be  called  by  giving  at  least  ten  days'  public  notice,  at  which 
meeting  the  organization  shall  be  perfected  by  the  election  of 
officers  and  other  necessary  proceedings,  in  the  same  manner  as 
provided  for  the  organization  of  districts  in  section  twenty-eight 
(28)  of  this  chapter;  Provided,  That  where  a  first-class  district 
is  joined  in  such  union  with  a  district,  or  districts,  of  a  lower 
class,  the  board  of  directors  of  such  first-class  district  shall  be 
held  to  be  the  board  of  directors  for  the  united  district,  and  the 
members  thereof  shall  be  entitled  to  serve  the  unexpired  portion 
of  their  respective  terms  as  such  directors  of  said  united  district; 
and  the  board  or  boards  of  directors  of  the  lower  class  districts 
included  in  said  united  district  shall  cease  and  determine  upon 
notice  from  the  county  superintendent  of  schools  that  such  dis- 
tricts have  been  united  under  the  provisions  of  this  act.  Upon 
receiving  notice  from  the  county  superintendent  of  such  union 
of  districts,  it  shall  be.  the  duty  of  the  county  treasurer  to  trans- 
fer all  funds  belonging  to  said  districts  to  the  credit  of  the  new 
district  thus  formed.  A  portion  of  unorganized  territory  may  be 
annexed  to  a  school  district;  or  a  portion  of  one  district  may  be 
detached  from  said  district  and  annexed  to  a  contiguous  district, 
by  the  county  superintendent,  upon  petition,  in  either  case,  of  a 
majority  of  the  legal  voters  resident  within  the  territory  to  be  so 
annexed,  subject,  always,  to  the  limitation  provided  in  section 
twenty-eight  (28). 

[Section  28  above  referred  to  is  section  5908.] 
5910.     When  new  district  entitled  to  portion  of  school  money. 

No  new  district  formed,  as  provided  in  sections  twenty- 
seven  (27)  and  twenty-eight  (28)  of  this  chapter,  shall  be  en- 
titled to  any  portion  of  the  public  school  money  until  a  school 
has  actually  commenced  therein,  and  unless  within  six  (6)  months 
from  the  establishment  of  such  district  a  school  be  opened  and 
maintained  as  required  by  law,  the  action  making  such  district 
shall  be  void  and  all  actions  had  by  such  district,  acting  as  a 
body  corporate,  shall  cease  and  determine,  and  all  taxes  which 
may  have  been  levied  in  the  old  district  or  districts  out  of  which 
the  new  one  was  formed,  shall  be  valid  and  binding  upon  the  real 
and  personal  property  of  the  new  district,  the  same  as  if  said  new 
district  had  never  been  organized;  Provided,  That  the  county 
superintendent  may,  for  good  cause,  extend  the  said  six  (6) 
months  to  eight  (8)  months;  said  time  of  limitations  shall  begin 
to  run  from  the  time  of  the  meeting  at  which  it  was  voted  to 


THE    STATE    OP    COLORADO.  53 

organize  the  district ;  whenever  any  district  shall  for  the  period 
of  one  year,  fail  to  maintain  a  school  and  to  keep  up  its  organiza- 
tion of  officers,  and  to  make  annual  report  as  required  by  law, 
the  county  superintendent  may  declare  such  district  annulled, 
and  annex  its  territory  to  adjoining  district  or  districts. 

[Sections  27  and  28  above  referred  to  are  sections  5907  and  5908.] 

5911.     Organization  of  joint  districts. 

A  joint  school  district  may  be  formed  from  territory  be- 
longing to  two  or  more  contiguous  counties.  For  the  purpose 
of  organizing  a  joint  district,  the  same  preliminary  step& 
shall  be  taken,  and  the  same  course  pursued  as  is  provided 
for  the  organization  of  other  districts  in  sections  twenty-seven 
(27)  and  twenty-eight  (28).  Such  district  shall  be  designated  as 

" Joint  District  No of  the  Counties  of and 

,"  and  shall  be  so  numbered  that  it  shall 

have  the  same  number  in  all  the  counties  from  which  it  is 
formed.  The  petition  required  by  section  twenty-seven  (27)  shall 
be  made  to  each  county  superintendent  interested,  who  shall 
unite  in  forming  such  districts;  Provided,  That  the  school  census, 
the  record  of  attendance  at  school,  the  assessing  of  property, 
the  collection  of  taxes,  and  all  other  acts  which  from  their  nature 
should  be  separately  kept  or  done,  shall  be  kept  and  done,  and 
the  reports  thereof  made,  as  if  each  portion  of  said  joint  district 
belonging  to  each  county  were  an  entire  district  in  the  respective 
counties.  The  teachers  of  such  joint  district  shall  have  a  cer- 
tificate from  the  superintendent  of  the  county  in  which  the  school 
house  is  located.  No  joint  district  shall  be  annulled  except  by 
the  consent  of  the  county  superintendents  of  the  counties  in 
which  such  district  is  located;  Provided,  That  when  any  joint 
district  desires  to  be  annulled  for  the  purpose  of  forming  sepa- 
rate districts,  it  shall  require  a  majority  vote  of  the  voters  con- 
stituting said  joint  district,  at  a  meeting  called  for  such  purpose. 

[Sections  27  and  28  above  referred  to  are  sections  5907  and  5908.] 
5911a.     Consolidation  defined. 

For  the  purpose  of  this  act  the  word  "consolidation"  is 
hereby  defined  as  providing  for  the  abolishment  of  certain  ad- 
joining school  districts  and  their  organization  into  one  special 
school  district,  and  for  the  conveyance  of  pupils  to  one  consol- 
idated school.  [L.  '09,  p.  492,  §1. 

5911b.     School   boards  may   submit  question. 

The  school  boards  of  two  or  more  adjoining  school  districts 
submit  the  question  of  consolidation,  and  upon  the  petition 


54  SCHOOL    LAWS   OF 

of  not  less  than  one-fourth  of  the  qualified  electors  of  such 
school  districts,  must  submit  such  question  to  a  vote  of  the 
qualified  electors  of  such  districts.  For  the  purpose  of  deter- 
mining the  question,  the  secretary  of  the  school  board  in  each 
district  affected  shall,  by  giving  legal  notice,  call  a  special  meet- 
ing to  be  held  at  the  usual  place  of  holding  school  district  elec- 
tions. The  legally  qualified  electors  when  assembled  in  accord- 
ance with  the  notice  above  specified  shall  vote  by  ballot  for  or 
against  such  consolidation.  Those  in  favor  will  vote  "For  con- 
solidation"— Yes;  those  opposed,  "For  consolidation" — No.  If 
at  said  election  more  votes  are  cast  against  the  proposition  for 
consolidation  than  for  it  the  question  shall  not  be  again  sub- 
mitted to  the  electors  of  said  adjoining  districts  for  a  period  of 
one  year.  [L.  '09,  p.  492,  §2. 

5911c.     Call   meeting  to  organize  district. 

If  a  majority  of  the  electors  vote  in  favor  of  consolidation 
it  shall  then  be  the  duty  of  the  school  board  in  the  district 
affected  which  has  the  largest  school  enumeration  to  call  a  union 
meeting  by  giving  at  least  twenty  days'  public  notice  in  each 
district  affected,  at  which  meeting  the  organization  of  the  con- 
solidated district  shall  be  perfected  by  the  election  of  officers 
and  other  necessary  procedure.  After  the  organization  of  the 
union  meeting  is  completed  by  the  election  of  a  chairman  and 
secretary  it  shall  proceed  to  elect,  by  ballot,  a  board  of  directors 
for  such  consolidated  district,  consisting  of  a  president,  a  sec- 
retary and  a  treasurer,  who  shall  be  held  to  constitute  the  board 
of  directors  of  such  consolidated  district  until  the  next  annual 
school  election,  at  which  election  one  president  shall  be  elected 
for  a  term  of  three  years,  one  secretary  for  two  years  and  one 
treasurer  for  one  year,  and  annually  thereafter  a  person  to  fill 
the  vacancy  occurring.  Provided,  That  when  a  district  of  the 
first  class  is  joined  with  a  district  or  districts  of  a  lower  class 
the  board  of  directors  of  said  first-class  district  shall  be  held  to 
be  the  board  of  directors  of  the  consolidated  district  and  shall 
serve  out  the  term  for  which  they  were  elected.  [L.  '09,  pp.  492, 
493,  §3. 

591 1d.     If  necessary  erect  buildings,  etc. 

As  soon  as  the  organization  for  a  special  school  district  as 
herein  contemplated  shall  have  been  perfected  and  its  officers 
elected,  it  shall  be*  the  duty  of  the  school  board  of  such  con- 
solidated school  district,  if  necessary,  to  purchase  a  site  and 
erect  a  suitable  building  thereon,  and  said  school  board  is  hereby 
required  to  maintain  and  support  a  graded  course  of  instruction, 


THE    STATE    OF    COLORADO.  55 

arid  may  include  a  high  school  course  of  not  less  than  two  years, 
and  are  also  required  to  furnish  transportation  to  and  from 
school  to  all  pupils  living  one  mile  or  more  from  the  consolidated 
school  or  building,  said  distance  to  be  measured  from  the  en- 
closure immediately  surrounding  their  residence  to  the  school 
house  property  along  the  public  highway;  Provided,  That  the 
person  or  persons  employed  for  the  purpose  of  transporting  the 
pupils  to  and  from  school  shall  be  required  to  give  a  reasonable 
bond  for  the  faithful  performance  of  duties  as  prescribed  by  the 
school  board.  [L.  '09,  p.  493,  §4. 

5912.  Division  of  funds  in  case  of  consolidation  or  division  of  districts. 

When  a  new  district  is  formed  from  one  or  more  old 
ones,  the  school  funds  remaining  to  the  credit  of  the  district, 
after  providing  for  all  outstanding  debts,  excepting  debts  in- 
curred for  building  and  furnishing  school  houses,  shall  be  divided 
as  follows:  The  basis  of  division  for  the  school  fund  shall  be 
the  school  population,  as  shown  by  the  last  school  census  before 
the  division  of  the  district  or  districts  occurred,  and  shall  apply 
such  funds  as  remain  to  the  credit  of  said  old  district  or  districts 
at  the  time  of  the  organization  of  said  new  district,  and  each 
district  shall  receive  funds  in  proportion  to  its  per  cent,  of  the 
said  census.  In  case  of  division,  each  district  shall  own  and 
hold  all  permanent  property,  such  as  sites,  school  houses  and 
furniture,  situated  within  its  boundaries.  All  division  of  funds 
under  this  provision  shall  be  made  by  the  county  superintendent, 
and  when  there  are  unpaid  special  taxes  on  the  county  tax  book, 
belonging  to  a  district  at  the  date  of  its  division,  the  county 
treasurer,  upon  being  notified  of  such  division  by  the  county 
superintendent,  shall  retain  all  money  received  in  payment  of 
said  special  tax  until  the  same  shall  be  apportioned  by  the  county 
superintendent,  whose  duty  it  shall  be  to  apportion  said  money 
monthly,  between  the  fractions  of  the  divided  district,  according 
to  the  location  of  the  property  on  which  said  tax  was  levied. 
At  the,  first  apportionment  after  the  organization  of  a  new  dis- 
liirt  the  county  superintendent  shall  apportion  to  such  district 
its  per  capita  proportion  of  the  general  fund,  but  no  money, 
either  from  the  general  or  special  fund,  shall  be  paid  out  of  the 
county  treasury  on  account  of  such  district  until  a  school  house 
shall  have  been  begun  therein  in  good  faith. 

SCHOOL  GOVERNMENT. 

5913.  School  districts  to  be  bodies- corporate. 

Each  regularly  organized  school  district  heretofore  formed, 
or  that  may  be  formed,  as  provided  in  this  chapter,  is 


56  SCHOOL   LAWS    OF 

hereby  declared  to  be  a  body  corporate,  by  the  name  and  style 

of  "School  District  No ,  in  the  county  of 

and  state  of  Colorado,"  and  in  that  name  may  hold  property 
and  be  a  party  to  suits  and  contracts,  the  same  as  municipal 
corporations  in  this  state. 

5914.  May  hold  real  estate — eminent  domain. 

It  shall  be  lawful  for  any  school  district  in  this  state 
to  take  and  hold,  under  the  provisions  of  any  law  now  or 
hereafter  in  force  providing  for  the  exercise  of  the  right  of 
eminent  domain,  so  much  real  estate  as  may  be  necessary  for 
the  location  and  construction  of  a  school  house  and  convenient 
use  of  the  school ;  Provided,  That  the  real  estate  so  taken  other- 
wise than  by  the  consent  of  the  owner  thereof,  shall  not  exceed 
in  districts  of  the  first  class,  three  acres,  if  real  estate  be  un- 
platted, and  not  exceeding  one  block  if  real  estate  be  platted, 
and  in  districts  of  all  other  classes,  not  exceeding  one  acre. 

5915.  Election  of  directors  and  officers. 

There  shall  be  elected  in  each  school  district  of  this  state, 
annually,  and  in  the  manner  prescribed  in  section  forty-four 
(44)  of  said  chapter,  a  board  of  directors.  The  number 'of 
persons  that  shall  constitute  each  board  of  directors  shall  be 
determined  as  follows:  The  school  districts  shall  be  classified 
into  first  (1st),  second  (2nd),  and  third  (3rd)  classes.  Districts 
containing  a  school  population  of  more  than  one  thousand  (1,000) 
shall  be  denominated  districts  of  the  first  (1st)  class;  districts 
containing  a  school  population  of  three  hundred  and  fifty  (350), 
and  not  exceeding  one  thousand  (1,000),  shall  be  denominated 
districts  of  the  second  (2nd)  class;  and  districts  containing  a 
school  population  of  less  than  three  hundred  and  fifty  (350)  shall 
be  denominated  districts  of  the  third  (3rd)  class.  At  the  regular 
election  in  1887,  as  provided  in  section  forty-four  (44)  of  said 
chapter,  ail  districts  of  the  first  (1st)  class  shall  elect  by,  ballot 
one  (1)  director  for  three  (3)  years,  and  at  the  regular  election  in 
1888,  one  (1)  director  for  three  (3)  years  and  one  (1)  director  for 
four  (4)  years;  and  at  the  regular  election  in  1889  one  (1)  director 
for  four  (4)  years  and  one  director  for  five  (5)  years ;  and  annually 
thereafter  there  shall  be  elected  one  (1)  director  for  five  (5)  years. 
All  districts  of  the  second  and  third  classes  shall  elect  one  (1) 
president  for  three  (3)  years,  one  secretary  for  two  (2)  years,  and 
one  (1)  treasurer  for  one  (1)  year;  and  annually  thereafter  there 
shall  be  elected  for  three  (3)  j»ears  a  person  to  fill  the  vacancy 
occurring;  Provided,  That  this  shall  not  apply  to  districts  of  the 
second  and  third  classes  already  organized.  School  boards  of  the 


THE    STATE    OF    COLORADO.  57 

first  class  shall,  at  their  first  meeting  after  their  election,  elect 
a  president,  who  shall  be  a  member  of  the  board;  a  secretary, 
who  may  or  may  not  be  a  member  of  the  board,  and  a  treasurer, 
who  shall  not  be  a  member  of  the  board,  and  who  shall  hold 
office  for  one  year,  and  until  their  successors  are  elected  and 
qualified.  In  districts  of  the  first  and  second  classes,  the  boards, 
after  organization,  shall  exercise  all  the  power  given  the  electors 
of  districts  of  the  third  class,  as  specified  in  section  sixty-three 
(63)  of  said  chapter. 

[Sections  44  and  63  above  referred  to  are  sections  5918  and  5955.] 

5916.  .Legal   school    districts — when   second   class   districts    become   first 

class. 

Every  school  district  in  the  state,  which  now  exer- 
cises the  prerogatives  of  a  school  district,  and  the  legality  of 
whose  organization  has  not  been  legally  denied,  and  which  has 
a  board  of  directors,  duly  qualified  according  to  law,  and  has 
exercised  the  rights  and  enjoyed  the  privileges  of  a  legally  and 
regularly  established  district  for  one  year,  shall  be,  and  is 
hereby  declared  to  be  a  legal  school  district;  and  all  district 
officers  shall  hold  office  until  their  successors  are  qualified. 
When  school  districts  of  the  second  (2nd)  class  shall  attain  a 
school  population  of  one  thousand  (1,000)  or  more,  as  shown  by 
the  annual  census,  at  the  next  regular  election  thereafter,  as 
provided  in  section  forty -four  (44)  of  this  act,  there  shall  be 
elected  one  (1)  director  for  three  (3)  years,  one  (1)  director  for 
four  (4)  years,  and  one  (1)  director  for  five  (5)  years,  and 
annually  thereafter  one  (1)  director  for  five  (5)  years  as  pro- 
vided for  in  districts  of  the  first  (1st)  class;  and  the  persons  so 
elected,  together  with  the  directors  whose  official  terms  have  not 
expired,  shall  constitute  the  new  board,  which  board  shall  enter 
upon  the  duties  prescribed  by  law  for  boards  of  directors  of  dis- 
tricts of  the  first  (1st)  class. 

[Section  44  referred  to  is  section  5918.] 

5917.  Legal  districts,  what  constitutes. 

All  school  districts  now  formed  or  which  may  here- 
after be  formed,  which  shall  continue  to  exercise,  undisputed, 
the  prerogatives,  and  enjoy  the  privileges,  of  a  legally  formed 
district,  for  the  period  of  one  year  next  succeeding  the  election 
of  its  officers,  shall  be  deemed  to  be  a  legally  formed  district, 
and  its  legality  shall  not  thereafter  be  questioned. 


58  SCHOOL    LAWS    OF 

ELECTIONS. 

5918.  Election  of  school  board — notice — ballots — precincts. 

The  regular  election  for  electing  members  of  school 
boards  shall  be  held  annually  in  each  district  on  the  first  Mon- 
day in  May,  at  which  time  it  shall  be  lawful  to  transact  any 
business  pertaining  to  schools  and  school  interests.  The  secre- 
tary of  each  school  board  shall  cause  written  or  printed  notices 
to  be  posted,  specifying  the  day  and  the  place  or  places  of  such 
election,  and  the  time  during  which  the  ballot-box  or  boxes  shall 
be  kept  open,  not  less,  however,  than  three  hours,  and  further 
specifying  at  what  hour  and  place  any  other  business  shall  be 
transacted.  Said  notices  shall  be  posted  in  at  least  three  public 
places  in  the  district,  one  of  which  shall  be  the  school  house,  if 
there  be  one,  at  least  six  days  previous  to  the  time  of  election; 
and  in  districts  of  the  first  class  said  notice  shall  be  published 
weekly  for  the  four  weeks  next  preceding  such  election,  in  some 
newspaper  published  in  the  district,  and  if  there  be  no  paper 
published  in  such  district,  then  in  a  paper  published  in  an 
adjoining  district.  If  the  secretary  fail  to  give  such  notice,  then 
any  two  (2)  legal  voters  residing  in  the  district  may  give  such 
notice  over  their  own  names,  and  such  election  may  be  held  after 
the  day  fixed  by  this  act  for  such  election.  All  elections  shall 
be  by  ballot,  and  in  the  absence  of  a  notice  specifying  the  hour, 
the  ballot-box  shall  be  opened  at  nine  (9)  o'clock  A.  M.,  and 
closed  at  four  (4)  p.  M.  In  districts  of  the  first  class,  the  school 
boards  may  order  more  than  one  voting  place  in  the  district,  fix 
the  voting  places  and  the  limits  of  the  voting  precincts  and 
appoint  three  (3)  judges  and  necessary  clerks  for  each  voting 
place,  in  addition  to  those  provided  for  in  section  45. 

[Section  45  above  referred  to  is  section  5919.] 

5919.  Qualification  of  voter  —  candidates  —  ballot — challenge  —  judges  — 

qualifications  of  voter  to  contract  debt. 

Every  elector,  legally  qualified  to  vote  at  a  general 
election,  having  been  a  resident  of  the  school  district  for  thirty 
(30)  days  next  preceding  the  day  of  election  shall  be  entitled  to 
vote;  Provided,  That  no  person  shall  be  denied  the  right  to 
vote  at  any  school  district  election  or  to  hold  any  school  district 
office  on  account  of  sex;  Provided,  further.  That  in  districts  of 
the  first  (1st)  and  second  (2nd)  class,  any  person  who  may 
desire  to  be  a  candidate  for  the  office  of  school  director,  shall  file 
a  written  notice  of  such  intention  with  the  secretary  of  the 
school  district  in  which  he  resides  at  least  eight  (8)  days  prior 
to  the  day  of  the  holding  of  the  annual  election  for  school  direct- 
ors, and  the  secretary  of  said  school  district  shall  for  five  (5) 


THE    STATE'  OF    COLORADO.  59 

consecutive  days  preceding  the  day  of  said  election,  publish  in 
some  daily  paper  or  when  no  daily  paper  is  published  in  such 
district,  then  by  posting  printed  or  written  notices  in  not  less 
than  five  (5)  public  places  in  such  district,  the  names  of  all  can- 
didates who  shall  have  so  filed  notice  of  such  intention ;  and  the 
said  secretary  shall  also  have  printed  or  written  ballots  pre- 
pared, bearing  the  names  of  all  candidates  who  have  certified 
such  intention  of  being  candidates,  as  aforesaid,  printed  or  writ- 
ten thereon,  and  no  person  other  than  those  whose  names  appear 
upon  the  ballot,  so  prepared,  shall  be  voted  for.  Any  person, 
offering  to  vote  may  be  challenged  by  any  legally  qualified  elector 
of  the  district,  and  any  one  of  the  judges  of  election  shall  there- 
upon administer  the  person  challenged  an  oath  as  follows :  "You 
do  swear  (or  affirm)  that  you  are  a  citizen  of  the  United  States, 
or  that  you  have  declared  your  intention  to  become  such;  that 
you  have  resided  in  this  state  of  Colorado  six  (6)  months  imme- 
diately preceding  this  election;  that  you  are  twenty-one  (21) 
years  of  age;  that  you  have  resided  in  this  district  thirty  (30) 
days  next  preceding  this  election;  and  that  you  have  not  voted 
at  this  election.  So  help  you  God  (or  under  the  pains  and  pen- 
alties of  perjury.)"  If  he  shall  refuse  to  take  such  oath  or 
affirmation,  his  vote  shall  be  rejected.  Any  person  guilty  of  vot- 
ing illegally,  shall  be  punished  as  provided  in  the  general  election 
laws  of  this  state.  The  president,  secretary  and  treasurer  of 
the  district  school  board  shall  act  as  judges  of  the  election,  except 
as  otherwise  provided  in  section  forty -four  (44)  and  should  any 
of  the  judges  be  absent  at  the  opening  of  the  polls,  the  electors 
present  shall  appoint  a  legal  voter  to  fill  the  vacancy ;  Provided, 
however,  That  at  all  elections  fyeld  for  voting  upon  a  proposition 
to  create  or  contract  a  debt  by  loan  for  the  purpose  of  erecting 
or  furnishing  school  buildings,  or  purchasing  school  grounds, 
only  such  qualified  electors  of  the  district  shall  vote  thereat  as 
shall  have  paid  a  school  tax  in  such  district  for  the  year  next 
preceding  such  election. 

'     [Section  44  above  referred  to  is  section  5918.] 

5920.     Counting  votes — return — special  election. 

Immediately  after  the  closing  of  the  polls,  the  judges 
shall  meet  at  one  of  the  voting  places  as  shall  have  been 
previously  designated  by  the  school  board,  and  shall  proceed  to 
count  the  votes  and  the  person  or  persons  qualified  to  be  elected 
who  shall  receive  the  largest  number  of  votes,  shall  be  declared 
elected,  and  a  report  of  the  said  election  signed  by  the  judges 
shall  be  transmitted  to  the  school  board.  If,  for  any  cause,  no 
election  be  held  at  the  regular  time,  or  if,  upon  counting  the 
votes,  there  be  a  tie  vote  for  any  one  or  more  of  the  officers,  a 


60  SCHOOL   LAWS    OF 

special  election  shall  be  called  by  the  board  within  ten  (1.0)  days, 
and  notice  thereof  given,  as  required  in  section  44  of  this  act.  A 
failure  to  give  the  prescribed  notice  of  such  special  election  shall 
render  the  election  void. 

[Section  44  above  referred  to  is  section  5918.] 
5921. 

The  general  provisions  of  sections  44,  45  and  46  shall 
be  applicable  to  all  school  elections,  whether  general  or 
special,  or  for  whatever  purpose  held,  except  elections  on  the 
question  of  creating  or  refunding  a  bonded  indebtedness.  [L.  '09, 
p.  498,  §12. 

[Sections  44.  45  and  46  above  referred  to  are  sections  5918,  5919  and  5920.] 

POWERS    AND    DUTIES    OF    OFFICERS    AND    DIRECTORS. 

5922.  Directors  qualify — vacancy — treasurer's  bond  and  report. 

The  directors  shall  each,  within  twenty  (20)  days 
after  his  or  her  election,  appear  before  some  officer  authorized  to 
administer  oaths,  and  take  oath  that  he  or  she  will  faithfully 
perform  the  duties  of  his  or  her  office  required  by  law,  which  oath 
shall  be  filed  with  the  county  superintendent;  and  in  case  of 
failure  so  to  qualify,  his  or  her  office  shall  be  deemed  vacant,  and 
the  county  superintendent  shall  appoint  a  suitable  person,  who 
shall  qualify  immediately.  If  the  amount  of  money  liable  to 
come  into  the  hands  of  the  treasurer,  in  the  discharge  of  his  offi- 
cial duties,  exceed  twenty  dollars  at  any  one  time,  he  shall  be 
required  to  give  bond  in  double  the  amount  of  money  liable  to 
come  into  his  hands,  said  bond  to  be  approved  by  and  filed  with 
the  county  superintendent.  The  directors  elect  shall  take  office 
immediately  after  qualifying,  as  aforesaid;  Provided,  That  any 
district  treasurer  who  shall  refuse  to  give  bond  as  above,  when 
required  to  do  so  by  the  other  members' of  the  board,  shall  be 
disqualified  from  receiving  any  money  on  district  account  until 
a  satisfactory  bond  is  executed.  The  oath  of  office  required  in 
this  section  may  be  administered  by  a  president  of  a  school 
board,  and  it  is  hereby  made  the  duty  of  a  district  treasurer  of 
all  first-class  districts  to  publish,  semi-annually,  in  some  news- 
paper published  within  the  county  wherein  such  district  may  be 
located,  a  complete  and  full  report  of  all  receipts  and  expendi- 
tures of  the  said  district's  funds. 

5923.  Regular  meetings  of  board. 

The  regular  meeting  of  each  board  shall  be  held  on 
the  last  Saturday  of  March,  June,  September  and  December. 
The  board  may,  however,  hold  such  other  regular,  special  or 


THE    STATE    OF    COLORADO.  <>L 

adjourned  meetings  as  they  may  from  time  to  time  determine, 
or  as  may  be  specified  in  their  by-laws. 

5924.  May  make  by-laws — fill  vacancy,  when. 

Any  school  board  shall  have  power  to  make  such  by- 
laws for  their  own  government  and  for  the  government  of  the 
public  schools  under  their  charge,  as  they  may  deem  expedient, 
not  inconsistent  with  the  provisions  of  this  act,  or  the  instruc- 
tions of  the  superintendent  of  public  instruction.  District  boards 
of  the  first  class  shall  also  have  power  to  fill  any  vacancy  which 
may  occur  in  the  board  until  the  regular  election,  at  which  time 
the  vacancy  shall  be  filled  for  the  unexpired  term. 

5925.  Powers  of  school  board. 

Every  school  board,  unless  otherwise  especially  provided  by 
law,  shall  have  power,  and  it  shall  be  their  duty : 

First — To  employ  or  discharge  teachers,  mechanics  and 
laborers,  and  to  fix  and  order  paid  their  wages;  to  determine 
the  rate  of  tuition  for  non-resident  pupils,  and  to  fix  the  compen- 
sation to  be  allowed  the  secretary  for  the  time  necessarily  spent 
in  the  service  of  the  district,  as  required  by  law,  or  as  directed 
by  the  board;  Provided;  It  shall  be  unlawful  to  pay  any  other 
member  of  the  board  from  the  district  funds  for  his  services  as 
a  member  of  such  board. 

Second — To  enforce  the  rules  and  general  regulations  of  the 
state  superintendent,  to  fix  the  course  of  study,  the  exercises  and 
the  kind  of  text  books  to  be  used ;  Provided,  That  but  one  kind  of 
text  book  of  the  same  grade  or  branch  of  study  shall  be  used  in 
the  same  department  of  a  school,  and  that  after  the  adoption  of 
any  book,  it  shall  not  be  changed  in  less  than  four  years,  unless 
the  price  thereof  shall  be  unwarrantably  advanced,  or  the  me- 
chanical quality  lowered,  or  the  supply  stopped. 

Third — To  provide  for  school  furniture,  and  for  everything 
needed  in  the  school  house,  or  for  the  use  of  the  school  board.. 

Fourth — To  rent,  repair  and  insure  school  houses. 

Fifth — To  build  or  remove  school  houses,  and  to  purchase 
or  sell  school  lots,  when  directed  by  a  vote  of  the  district  so  to  do. 

Sixth — To  hold  in  trust  for  their  district  all  real  or  personal 
property  for  the  benefit  of  the  school  thereof. 

Seventh — To  suspend  or  expel  pupils  from  school,  who  refuse 
to  obey  the  rules  thereof,  and  to  exclude  from  school,  children 
under  six  years  of  age. 

Eighth — To  determine  the  number  of  teachers  that  shall  be 
employed,  and  length  of  time  over  and  above  three  (3)  months 
that  the  schools  will  be  kept;  to  fix  the  time  for  the  opening  or 


62  SCHOOL    LAWS    OF 

closing  of  schools,  and  for  the  dismissal  of  primary  pupils  before 
the  regular  time  for  closing  the  schools. 

Ninth — To  provide  books  for  indigent  children  on  the  writ- 
ten statement  of  the  teachers  that  the  parents  of  such  children 
are  not  able  to  pvirchase  them,  and  to  furnish  free  text  books 
for  the  use  of  all  pupils,  when  authorized  to  do  so  by  a  majority 
vote  of  the  district  as  expressed  at  any  regular  or  special  meet- 
ing. 

Tenth — To  require  all  pupils  to  be  furnished  with  the  proper 
and  suitable  books  as  a  condition  of  membership  in  school. 

Eleventh — To  exclude  from  school  and  school  libraries,  all 
books,  tracts,  papers  and  other  publications  of  an  immoral  or 
pernicious  tendency. 

Twelfth — To  require  teachers  to  conform  to  the  law. 

Thirteenth — To  make  an  annual  report  as  required  by  law, 
to  the  county  superintendent,  on  or  before  the  first  day  of  August 
of  each  year,  in  the  manner  and  form,  and  on  the  blanks  pre- 
scribed and  furnished  by  the  superintendent  of  public  instruc- 
tion. 

Fourteenth — To  make  a  report  directly  to  the  state  superin- 
tendent whenever  instructed  by  him  so  to  do. 

Fifteenth — Whenever  a  pupil  resides  remotely  from  the 
school  house  in  his  district,  and  where  a  school  house  is  more 
accessible  in  an  adjoining  district  or  county,  such  pupil  shall 
be  permitted  to  attend  that  school  which  is  the  most  accessible, 
and  be  granted  the  same  privileges  as  a  resident  of  that  district. 
Provided,  The  board  may  refuse  to  admit  pupils  from  other  dis- 
tricts upon  the  ground  of  insufficient  room.  In  such  case,  the 
directors  of  the  district  wherein  the  said  pupil  resides  shall  pay 
a  reasonable  tuition  to  the  district,  wherein  the  school  is  the 
most  accessible,  which  said  tuition  shall  be  agreed  upon  by  the 
two  school  boards  affected;  Provided,  however,  If  they  do  not 
agree,  the  county  superintendent  or  superintendents  of  the 
county  or  counties  in  which  such  district  or  districts  so  affected 
are  located  shall  settle  the  price  of  tuition.  In  case  said  two 
superintendents  can  not  agree  on  the  tuition  to  be  paid,  then 
the  state  superintendent  of  public  instruction  shall  fix  the  sum 
of  said  tuition.  Provided,  further,  That  whenever  any  pupil 
outside  a  high  school  district  desires  to  attend  a  high  school 
within  the  county  where  such  pupil  resides,  and  such  pupil  shall 
possess  the  necessary  qualifications  for  admittance  thereto,  the 
necessary  tuition  fees  charged  for  the  attendance  of  such  pupil 
by  said  high  school  shall  be  paid  by  the  school  district  in  which 
such  pupil  resides,  not  exceeding  $2.50  per  month.  [L.  '09,  p. 
488. 

[State  board  of  health  may  prescribe  text  book  on  hygiene.    Section  5010.] 


THE    STATE    OF    COLORADO.  63 

5926.  Board  in  first  or  second  class  districts  may  establish  high  school. 

The  school  board  of  districts  of  the  first  and  second 
classes  shall  ha\7e  the  power  to  establish  a  separate  high  school 
whenever  they  shall  deem  it  expedient  or  necessary  and  shall 
have  power  to  determine  the  qualifications  for  admission  to  such 
school,  and  shall  exercise  all  the  powers  with  reference  to  such 
high  school  which  are  accorded  to  them  in  relation  to  the 
schools  of  lower  grade;  Provided,  That  no  school  board  shall 
build  or  lease  any  building  especially  for  such  high  school,  unless 
authorized  to  do  so  by  a  vote  of  the  district,  as  provided  in  sec- 
tion sixty-two  (62)  of  this  act. 

[Section  62  above  referred  to  is  section  5955.] 

[Board  in  first  and  second  class  districts  shall  appoint  truant  officers.      Section 
534.] 

5927.  School  board  establish  free  kindergartens. 

The  school  board  of  any  school  district  in  the  state 
shall  have  power  to  establish  and  maintain  free  kindergartens 
in  connection  with  the  public  schools  of  said  district,  for  the 
instruction  of  children  between  three  and  six  years  of  age,  resid- 
ing in  said  district,  and  shall  establish  such  courses  of  training, 
study  and  discipline,  and  such  rules  and  regulations  governing 
such  preparatory  or  kindergarten  schools  as  said  board  may  deem 
best.  Provided,  That  nothing  in  this  act  shall  be  construed  to 
change  the  law  relating  to  the  taking  of  the  census  of  the  school 
population,  or  the  apportionment  of  state  and  county  school 
funds  among  the  several  counties  and  districts  in  this  state. 
Provided,  further,  That  the  cost  of  establishing  and  maintaining 
such  kindergartens  shall  be  paid  from  the  special  school  fund  of 
said  districts,  and  the  said  kindergartens  shall  be  a  part  of  the 
public  school  system,  and  governed  as  far  as  practicable  in  the 
same  manner  and  by  the  same  officers  as  is  now,  or  hereafter  may 
be  provided  by  law  for  the  government  of  the  other  public  schools 
of  this  state.  Provided,  further,  That  teachers  of  kindergarten 
schools  shall  have  a  diploma  from  some  reputable  kindergarten 
teachers'  institute,  or  pass  such  examination  on  kindergarten 
work  as  the  kindergarten  department  of  the  state  normal  school 
may  direct. 

5928.  Board  may  purchase  flag  and  erect  pole. 

The  school  directors  of  the  several  school  districts  in 
this  state  may  purchase  or  cause  to  be  purchased  a  suitable 
American  flag  of  standard  bunting,  not  less  than  eight  by  twelve 
(8x12)  feet  in  size,  and  they  may  erect  and  maintain  or  cause  to 
be  erected  and  maintained  upon  each  public  school  building  or 
the  grounds  belonging  thereto,  a  suitable  flagstaff  with  the  neces- 


64  SCHOOL   LAWS   OF 

sary  appliances  for  displaying  said  flags,  and  may  cause  said  flag 
lo  be  displayed  upon  said  staff  upon  all  national  and  state  hol- 
idays, the  first  and  last  days  of  each  school  term,  and  such  other 
occasions  as  such  school  directors  shall  prescribe. 

5929.  American  flag  may  be  displayed  in  each  department. 

Every  school  within  this  state  may  have  placed  and 
kept  in  a  conspicuous  position  in  each  department  thereof  at 
least  one  American  flag  of  standard  bunting,  not  less  than  three 
by  five  (3x5)  feet  in  size. 

5930.  Expense  of  flags  and  poles,  how  paid. 

It  shall  be  lawful  for  the  school  directors  of  each 
school  district  in  this  state  to  pay  for  said  flags  and  staffs  and 
to  provide  for  the  proper  care  and  maintenance  of  the  same,  from 
any  special  school  funds  which  they  may  have  in  their  hands  or 
which  may  be  subject  to  their  order,  or  to  include  the  expense 
thereof  in  the  next  annual  estimate  for  school  expenses,  or  in  any 
tax  levy  for  school  purposes;  and  the  expense  thereof 
for  any  public  school  shall  be  met  by  said  directors  or  other  offi-. 
cers  charged  with  the  duty  of  raising  or  appropriating  any  money 
for  school  purposes  as  any  other  necessary  expenses  or  expendi- 
tures for  school  purposes  are  raised. 

5931.  Act  shall  apply  to  all  state  institutions. 

This  act  shall  be  held  to  apply  to  all  institutions  directly  or 
indirectly  under  the  control  of  the  state  of  Colorado  or  any  of 
its  officers,  and  it  shall  be  the  duty  of  such  officer  or  officers  to 
see  that  this  act  is  complied  with. 

5932.  Penalty  for  destruction  of  flag. 

Any  person  who  shall  wilfully  injure,  deface  or  destroy  any 
flag,  flagstaff,  or  other  materials  placed  in  any  room  or  build- 
ing, or  upon  any  building  or  school  grounds  for  the  carrying  out 
of  this  act,  shall  be  deemed  guilty  of  a  misdemeanor  and  pun- 
ished accordingly. 

5933.  Act  published  with  school  law. 

It  shall  be  the  duty  of  the  superintendent  of  public  instruc- 
tion to  publish  this  act  in  connection  with  the  school  law  of  this 
state. 


STATIC    OF    COLORADO.  0.") 

DUTIES   OF   OFFICERS. 

5934.  President  sign  orders — appear  in  suits — absence — vagancy. 

The  president,  wlien  present,  shall  preside  at  all  meet- 
ings of  ilie.  board  and  of  the  district  ;  shall  Sign  all  orders  on 
1he  county  treasurer  for  the  payment  of  money;  Provided,  Thai 
no  orders  shall  be  drawn  upon  the  county  treasurer  except  in 
favor  of  parties  to  whom  the  district  has  become  lawfully  in- 
debted, lie  shall  appear  in  behalf  of  his  district  in  all  suits 
brought  by  or  against  the  same,  but  when  he  is  individually  in- 
terested this  duty  shall  be  performed  by  the  secretary,  and  in  the 
absence  of  the  president  the  secretary  shall  preside  at  board  and 
district  meetings.  Absence  from  the  district  of  any  school  offi- 
cer, when  prolonged  beyond  thirty  consecutive  days,  may  be  held 
to  work  a  vacancy  in  said  office,  which  may  be  filled  according  to 
law. 

5935.  Secretary  of  board — bond — duties. 

lief  ore  entering  upon  the  duties  of  his  office,  the 
secretary  shall  execute  a  bond,  with  two  sureties,  in  the  penal 
sum  of  live  hundred  (500)  dollars  in  districts  of  the  first  and 
second  classes,  and  the  penal  sum  of  one  hundred  (100)  dollars 
in  districts  of  the  third  class,  conditioned  upon  the  faithful  dis- 
charge of  his  oiticial  duties  and  the  delivery  of  all  district  prop- 
erty pertaining  to  his  office  over  to  his  successor,  within  ten  days 
after  a  demand  is  made  for  the  same  by  a  qualified  successor, 
said  bond  to  be  approved  by  and  filed  with  the  county  superin- 
tendent. The  secretary  shall  record  all  proceedings  of  the  board 
and  of  district  meetings  in  a  book,  or  books,  kept  for  that  pur- 
pose; shall  preserve  copies  of  all  reports  made  to  the  state  or 
county  superintendents;  shall  tile  all  papers  transmitted  to  him 
by  other  school  officers  pertaining  to  the  business  of  the  district; 
shall  draw  and  countersign  all  warrants  or  orders  issued  by  the 
board;  shall  keep  a  register  or  stub  of  all  orders  drawn,  showing 
tiie  number  of  the  order,  date,  amount,  in  whose  favor  and  for 
what  purpose  drawn.  Immediately  after  the  election  of  one  or 
more  directors  according  to  law,  he  shall  transmit  to  the  county 
superintendent  a  statement  giving  the  name  and  postoffice 
address  of  the  president,  secretary  and  treasurer,  respectively,  of 
the  boards  of  directors.  Between  the  tenth  day  of  April  and  the 
first  day  of  May.  in  each  year,  the  secretary,  or  some  person, 
authorized  by  him,  shall  take  a  census  of  all  persons  over  six 
years  and  under  twenty-one  years. of  age  who  were  bona  fide  res 
idents  of  1he  district  on  the  tenth  day  of  April  aforesaid:  The 
names  so  listed  shall  be  arranged  alphabetically,  and  be  so  classi- 
fied as  to  distinguish  between  male  and  female.  The  census  list 


66  SCHOOL    LAWS    OF 

shall  be  sworn  to  as  correct  by  the  person  taking  the  same,  and, 
if  such  person  be  other  than  the  secretary,  shall  be  certified  by 
the  secretary,  and  shall  be  forwarded  to  the  county  superintend- 
ent on  or  before  the  first  .day  of  June  of  the  current  school  year. 
In  districts  of  first  and  second  classes  a  copy  shall  be  delivered 
to  the  principal  teacher,  or  superintendent  of  the  district,  and  in 
all  cases  a  copy  shall  be  retained  in  the  office  of  the  secretary. 

5936.     Duties  of  secretary. 

The  secretary  shall  keep  an  accurate  account  of  the 
expenses  incurred  by  the  district,  and  shall  present  the  same  to 
the  board  whenever  called  upon.  He  shall  give  the  required 
notice  of  all  regular  and  special  meetings,  as  herein  authorized. 
On  or  before  the  first  day  of  August  of  each  year,  he  shall  make 
out  and  file  in  the  office  of  the  county  superintendent,  a  report 
of  the  affairs  of  his  district.  Said  report  shall  be  made  upon 
blanks  prepared  by  the  superintendent  of  public  instruction, 
containing  such  items  of  information  as  the  said  superintendent 
shall  require,  including  the  following,  to-wit: 

First — The  number  of  persons,  male  and  female,  each,  in  his 
district,  between  the  ages  of  six  (6)  and  twenty-one  (21)  years. 

Second — The  number  of  schools,  and  the  branches  taught  in 
each. 

Third — The  number  of  pupils  in  each  school. 

Fourth — The  number  of  teachers  employed  in  each  school, 
and  the  compensation  of  each  per  month. 

Fifth — The  number  of  days  the  school  was  taught  during  the 
year  then  past,  and  by  whom. 

Sixth — The  number  of  pupils  enrolled  during  the  year;  the 
average  daily  attendance. 

Seventh — The  average  cost  of  school  per  month  for  each 
pupil,  based  upon  the  total  enrollment,  and  also  the  average  cost 
based  upon  the  average  daily  attendance.  In  estimating  these 
averages,  the  secretary  shall  take  account  of  teacher's  wages,  all 
current  expenses,  and  six  per  cent,  interest  upon  a  fair  valuation 
of  all  property  belonging  to  the  district. 

Eighth — Text  books  used  in  each  school. 

Ninth — The  number  of  volumes  in  the  library  of  each  school. 

Tenth — The  aggregate  amount  paid  teachers  during  the  year, 
and  the  average  monthly  pay  of  teachers. 

Eleventh — The  number  of  public  school  houses,  and  the  esti- 
mated value  of  each. 

Twelfth — The  amount  raised  by  tax  in  the  district  during 
the  year  for  school  library. 

Thirteenth — The  amount  raised  by  subscription,  or  by  other 
than  by  tax. 


THE    STATE    OF    COLORADO.  67 

fourteenth — The  amount  of  special  tax  levied  for  the  sup- 
port of  schools,  and  for  buildings,  sites  and  furniture. 

Fifteenth — The  amount  of  money  on  hand  at  the  beginning 
of  the  year  then  past. 

thirteenth — The  amount  of  money  received  from  all  other 
sources  than  those  herein  specified. 

Should  the  secretary  fail  to  file  his  report,  as  above  directed, 
he  shall  forfeit  the  sum  of  one  hundred  (100)  dollars,  and  shall 
make  good  all  loss  resulting  to  the  district  from  such  failure. 

5937.  Financial  statement  of  district. 

The  secretary  shall  render  a  statement  of  the  condition  of 
the  finances,  as  shown  by  the  books,  at  any  time  when  required 
by  the  school  board,  and  his  books  shall  always  be  open  for  in- 
spection. 

\ 

5938.  Failure  to  file  report  and  census — effect — remedy. 

Whenever  a  district  secretary  fails  to  file  his  annual 
report  and  census  list  with  the  county  superintendent, 
according  to  law,  thereby  rendering  it  impossible  for  the  said 
superintendent  to  apportion  to  such  district  any  part  of  the 
general  fund  for  the  ensuing  year,  if  it  can  be  shown  to  the  satis 
faction  of  the  superintendent  of  public  instruction  that  such 
report  and  census  list  were  prepared  and  reasonable  diligence 
used  to  place  the  same  in  the  hands  of  the  county  superintendent, 
and  that  such  report  and  census  list  failed  to  reach  said  super- 
intendent by  reason  of  some  accident  or  extraordinary  occur- 
rence; and  if  it  be  further  shown  that  a  public  school  was 
maintained  in  such  district  for  not  less  than  the  minimum  time 
required  by  the  state  constitution;  and  if  it  be  also  shown  that 
duplicates  of  the  missing  papers  have  been  placed  in  the  hands 
of  the  county  superintendent,  or  in  his  office,  then  the  super- 
intendent of  public  instruction  shall  direct  the  county  superin- 
tendent to  apportion  to  such  district  its  per  capita  share 'of  the 
general  fund,  distributed  during  the  remainder  of  the  year,  as 
provided  in  section  seventy-two. 

[Section  72  above  referred  to  is  section  5890.] 

5939.  Superintendent  revise  census  lists — mute  and  blind. 

The  census  list  of  the  several  districts  shall  be  carefully 
examined  and  compared  by  the  county  superintendent, 
and  if  the  name  of  the  same  person  be  found  upon  more  than  one 
list,  lie  shall  strike  said  name  from  all  lists  except  that  of  the 
district  in  which  such  person  was  residing  in  good  faith  on  the 
tenth  day  of  April  aforesaid.  The  residence  of  an  unmarried 


68  SCHOOL    LAWS    OF 

person  of  school  age  shall,  in  all  cases,  be  held  to  be  identical 
with  the  bona  fide  residence  of  the  parent  or  guardian  of  such 
person,  providing  that  such  parent  or  guardian  be  a  resident  of 
the  state.  If  the  county  superintendent  find  upon  any  census 
list  the  names  of  any  persons  whom  he  believes  were  not  residents 
in  good  faith  of  such  district  as  aforesaid,  he  shall  notify  the 
secretary  certifying  the  list,  and  if  said  secretary  shall  not 
establish  the  correctness  of  the  list  within  fifteen  (15)  days  after 
such  notification,  such  names  shall  be  stricken  from  the  list. 
At  the  time  of  taking  the  annual  census,  the  secretary  shall  use 
reasonable  diligence  to  ascertain  the  number  of  blind  and  deaf 
mute  persons,  resident  in  the  district,  between  the  ages  of  four 
(4)  and  twenty-two  (22)  years,  with  the  name  and  postoffice 
address  of  each.  Said  items  shall  be  embodied  in  his  annual 
report  to  the  county  superintendent. 

[See  also  section  4334.]" 

5940.  Duties  of  treasurer  of  board. 

It  shall  be  the  duty  of  the  treasurer  to  countersign  all 
warrants  drawn  by  the  president  and  secretary  on  the  county 
treasurer,  in  favor  of  parties  to  wrhom  the  district  has  become 
lawfully  indebted,  and  to  keep  an  account  of  the  same.  He 
shall  take  charge  of  all  moneys  received  by  him  on  account  of 
the  district  from  the  county  treasurer,  as  provided  in  sections 
ninety-one  and  ninety-two  of  this  act,  and  pay  out  the  same  as 
therein  provided.  He  shall  render  a  statement  of  the  finances 
of  the  district,  as  shown  by  the  records  of  his  office  at  the  close 
of  each  school  year,  and  at  any  other  time  wrhen  required  by  the 
board.  For  a  failure  to  perform  any  of  the  duties  of  his  office 
when  directed  by  the  board,  or  for  refusing  or  neglecting  to 
deliver  to  his  legally  qualified  successor  all  money,  books  or 
other  district  property  in  his  possession  or  care,  within  ten  days 
after  the  same  shall  have  been  demanded  by  such  successor,  he 
shall  be  liable  on  his  bond,  and  shall  make  good  any  loss  result- 
ing to  the  district  from  such  failure  or  neglect. 

[Section  91  repealed  and  92  is  5946.] 

5941.  Delinquent  officers — penalties. 

No  superintendent  or  district  officer  shall  receive  any 
compensation  wrho  has  neglected  or  refused  to  perform  any 
duty  required  by  law,  and  any  district  officer  so  neglecting  or 
refusing,  when  specially  directed  by  a  majority  of  the  district 
board,  shall  be  deemed  guilty  of  a  misdemeanor;  and  it  shall 
be  deemed  a  violation  of  law  for  any  person  to  draw  or  sign  a 
warrant  for  the  payment  of  such  delinquent  officer,  and  any 
person  so  signing  a  warrant  shall  be  liable  in  double  the  amount 
<>f  such  warrant. 


Till:    STATE    OF    COLORADO.  C9 

DISTRICT    BONDS. 

5942.  Contracting  of  bonded   indebtedness. 

The  board  of  directors  of  any  school  district  may  submit 
at  any  regular  or  special  election  called  for  the  purpose,  to  such 
qualified  electors  of  the  district  as  shall  have  paid  a  school  tax 
therein  in  the  year  next  preceding  such  election,  the  question 
of  contracting  a  bonded  indebtedness  for  the  purpose  of  erecting 
and  furnishing  school  buildings  or  purchasing  ground,  or  for 
funding  floating  debts.  [L.  '09,  p.  494,  §1. 

5943.  Amount  of  bonded   indebtedness. 

The  amount  of  the  bonded  indebtedness  proposed  to  be  con- 
tracted shall,  prior  to  such  submission  to  said  electors,  be  deter- 
mined by  said  board  of  directors,  but  in  no  event  shall  the 
aggregate  amount  of  bonded  indebtedness  of  any  school  district 
of  the  first  or  second  class  exceed  five  per  centum,  or  of  any 
school  district  of  the  third  class  three  and  one-half  per  centum, 
of  the  assessed  value  of  the  property  in  such  district  for  the 
year  next  preceding  the  date  of  said  bonds.  [L.  '09,  p  494,  §2. 

5944.  Notices  posted. 

Notices  of  said  election  shall  be  posted  in  at  least  three 
public  places  in  the  district,  and  at  each  polling  place  at  least 
twenty  days  before  said  election,  and,  if  a  newspaper  is  pub- 
lished in  said  district,  said  notice  shall  also  be  published  therein 
once  a  week  for  four  consecutive  weeks  next  preceding  such 
election.  Said  notice  shall  specify  the  purpose  of  said  election, 
the  date  and  the  voting  place  or  places,  and  the  time  during 
which  the  ballot  box  or  boxes  shall  be  kept  open,  not  less,  how- 
ever, than  three  hours.  [L.  '09,  p.  495,  §3. 

5945.  Number  of  voting  places. 

In  districts  of  the  first  class  the  school  board  may  order 
more  than  one  voting  place  in  the  district,  fix  the  voting  places 
and  the  limits  of  the  voting  precincts. 

The  president,  secretary  and  treasurer  of  the  district  school 
board  may  act  as  judge's  of  the  election  or  said  board  may 
appoint  three  judges  and  the  necessary  clerks  for  each  election 
precinct  in  said  district,  and  should  any  of  the  judges  l»e  absent 
at  the  opening  of  the  polls,  the  electors  present  shall  appoint 
a  legal  voter  to  fill  the  vacancy.  .  [L.  '09,  p.  495,  £4. 
5945a.  Form  of  ballot. 

Each  elector  voting  at  >aid  election  shall  deposit  in  the 
ballot  box  a  ballot  whereon  shall  be  printed  or  written  the 


70  SCHOOL    LAWS    OF 

words:  "For  the  bonds"  and  the  words  "Against  the  bonds," 
and  shall  indicate  his  approval  or  disapproval  of  the  proposition 
submitted  by  placing  a  cross  (X)  opposite  the  group  of  words 
on  his  ballot  which  expresses  his  choice.  [L.  '09,  p.  495,  §5. 

5945b.     Any  person  may  be  challenged. 

Any  person  offering  to  vote  at  said  election  may  be  chal- 
lenged by  any  legally  qualified  elector  of  the  district,  and  any 
one  of  the  judges  o'f  election  shall  thereupon  administer  to  the 
person  challenged  an  oath,  as  follows: 

"You  do  swear  (or  affirm)  that  you  are  a  citizen  of  the  United 
States;  that  you  have  resided  in  the  state  of  Colorado  twelve 
months  immediately  preceding  this  election ;  that  you  are  twenty- 
one  years  of  age;  that  you  have  resided  in  this  district  thirty 
days  next  preceding  this  election  and  that  you  have  paid  a 
school  tax  within  this  school  district  in  the  year  next  preceding 
this  election;  and  that  you  have  not  voted  at  this  election,  so 
help  you  God  (or  under  the  pains  and  penalties  of  perjury.)" 

If  he  shall  refuse  to  take  such  oath  or  affirmation  his  vote 
shall  be  rejected.  The  judges  may,  however,  reject  the  vote 
of  any  person  offering  to  vote  if  in  their  judgment  said  voter  is 
not  qualified  according  to  law,  whether  said  voter  takes  said 
oath  or  not.  (L.  '09,  p.  495,  §6. 

5945c.     Returns  certified. 

Immediately  after  the  close  of  the  polls  the  judges  in  each 
voting  precinct  shall  open  the  ballot  box  and  count  the  ballots, 
and  promptly  thereafter  certify  the  result  to  the  board  of  direct- 
ors of  the  district.  Said  board  shall,  promptly  after  receiving 
said  returns,  open  them,  canvass  the  vote  and  determine  the 
result  of  the  election,  and  said  determination  shall  be  entered 
in  the  minutes  of  the  meeting  of  said  board.  [L.  '09,  p.  496,  §7. 

5945d.     Coupon  bonds  issued,  interest — Payable,  etc. 

If  it  shall  appear  that  a  majority  of  all  the  votes  cast  are 
"For  the  bonds"  the  board  of  directors,  as  soon  as  practicable, 
shall  issue  coupon  bonds  of  the  district  in  denominations  of 
flOO,  |500  or  |1,000,  or  all  or  either  of  such  denominations,  or 
any  combination  of  said  denominations,  as  circumstances  may 
require,  bearing  interest  at  not  exceeding  eight  per  cent,  per 
annum  in  districts  of  the  third  class,  and  not  exceeding  six  per 
cent,  per  annum  in  districts  of  the  first  and  second  classes,  pay- 
able semi-annually,  and  redeemable  at  the  pleasure  of  the  dis- 
trict at  any  time  after  a  date  to  be  fixed  by  said  board  not  less 
than  ten  or  more  than  twenty  years  after  date,  and  payable  at 


THE    STATE    OF    COLOR  A I  >O.  71 

a  date  to  be  fixed  by  said  board  not  less  than  twenty  nor  more 
than  forty  years  from  date,  the  principal  and  interest  payable 
at  the  office  of  the  treasurer  of  the  county  in  which  said  district 
or  the  greater  part  thereof  may  be  situated,  and  said  board  also 
may  make  either  the  principal  or  interest,  or  both,  payable  at 
some  banking  house  in  either  the  cities  of  New  York  or  Boston 
or  Chicago,  at  the  option  of  the  holder.  [L.  '09,  p.  496,  §8. 

5945e.     Bonds  negotiable. 

The  bonds  issued  under  the  provisions  of  this  act  shall  be 
payable  to  bearer.  The  board  of  directors  of  the  district  is 
authorized  to  prescribe  the  form  of  such  bonds  and  the  coupons 
thereto.  Said  bonds  shall  recite  the  title  of  the  act  under  which 
they  are  issued,  shall  be  signed  by  the  president  of  the  board 
of  directors,  countersigned  by  the  county  treasurer,  and  bear 
the  seal  of  the  district,  and  the  coupons  thereto  annexed  shall 
be  signed  by  the  president  of  the  school  board,  by  original  or 
engraved  signature.  [L.  '09,  p.  496,  §9. 

5945f.     County  commissioners  assess  tax,  etc. 

Whenever  any  school  district  shall  issue  bonds  under  the 
provisions  of  this  act,  it  shall  be  the  duty  of  the  board  of  county 
commissioners  of  the  county  in  which  said  district  may  be  situ- 
ated to  levy  and  assess  a  tax  on  the  taxable  property  of  said 
district  in  amount  sufficient  to  pay  the  interest  coupons,  when 
the  same  shall  become  due,  according  to  their  tenor  and  effect, 
and  the  county  treasurer  shall  collect  the  same  as  other  taxes 
are  collected,  in  cash  only,  keeping  the  same  separate  from 
other  funds  received  by  him;  and  if  there  shall  be  any  surplus 
after  paying  the  coupons  and  the  expense  of  collecting  such  tax, 
the  treasurer  shall,  without  delay,  pass  the  same  to  the  credit 
of  such  school  district,  and  such  fund  so  passed  to  the  credit 
of  the  district  shall  be  subject  to  the  disposal  of  the  board  of 
directors.  In  the  calendar  year  next  preceding  the  date  fixed 
by  said  board  after  wrhich  said  bonds  are  redeemable  and 
annually  thereafter,  until  the  full  payment  of  said  bonds,  the 
said  board  of  county  commissioners  shall  provide  by  taxation 
und  shall  collect  such  a  per  centum  of  the  principal  of  said  bonds 
as  will,  in  equal  annual  installments,  be  sufficient  to  redeem 
all  of  said  bonds  by  the  time  they  mature;  which  amount  shall 
be  assessed  and  collected  the  same  as  the  tax  for  the  payment 
of  the  interest  coupons,  and  when  collected  shall  be  turned  over 
to  the  treasurer  of  such  school  district,  such  money  to  be  used 
only  in  the  payment  of  such  bonds  in  their  numerical  order, 
beginning  with  bond  number  one,  in  the  manner  as  follows: 


72  SCHOOL    LAWS    OF 

The  treasurer  of  such  school  district,  immediately  after  receiving 
the  money  as  aforesaid,  shall  advertise  in  some  newspaper  pub 
lished  in  his  count}-,  if  there  be  any,  and  if  not,  in  the  newspaper 
published  nearest  the  county  seat  of  said  county,  once  a  week 
for  four  consecutive  weeks,  that,  on  a  certain  day  named  in  the 
advertisement,  he  will  pay  certain  of  the  district  bonds,  said 
bonds  to  be  described  in  the  advertisement  by  number  and 
amount  and  date  of  issue,  and. the  advertisement  shall  further 
state  that  after  the  day  so  fixed  for  payment  the  interest  on 
the  bonds  described  as  aforesaid  shall  cease  and  determine. 
And  after  the  day  of  payment  fixed  in  said  published  notice  the 
bonds  so  called  shall  cease  to  draw  interest.  The  said  payment 
shall  be  made  at  the  office  and  in  the  presence  of  the  treasurer 
of  the  county,  who  shall  cancel  the  bonds  redeemed,  and  a 
minute  of  such  cancellation  shall  be  made  on  the  books  of  the 
county  treasurer,  after  which  they  shall  be  at  the  disposal  of 
the  district  board.  [L.  '00,  p.  496*  §10. 

5945g.     Records  of  boards  of  directors — Bonds  to   be   registered. 

Whenever  the  board  of  directors  of  any  school  district  shall 
issue  bonds  under  the  provisions  of  this  act,  they  shall  enter 
in  and  upon  the  records  of  such  board  an  order  requesting  the 
state  auditor  to  register  the  bonds  in  a  book  to  be  kept  by  him 
for  that  purpose,  and  when  so  registered  the  legality  thereof 
shall  not  be  open  to  contest  by  such  district  or  any  person  or 
corporation  on  behalf  of  such  district  for  any  reason  whatever; 
and  a  certified  copy  of  the  order  of  the  board  so  made  and 
entered  of  record  shall  be  furnished  the  state  auditor  by  said 
board  of  directors  and  thereupon  it  shall  be  his  duty  to  register 
said  bonds,  noting  the  name  of  the  district  and  the  amount,  date 
of  issuance  and  maturity  and  rate  of  interest  of  said  bonds,  and 
he  shall  receive  a  fee  of  ten  cents  for  registering  each  bond. 
[L.  '09,  p.  497,  §11. 

5945h.     Districts  in  city  under  special  charter. 

In  all  school  districts  which  lie  entirely  within  the  exterior 
boundaries  of  any  city  operating  under  a  special  charter  adopted 
under  the  provisions  of  article  XX,  of  the  constitution,  no  person 
shall  be  permitted  to  vote  at  any  election  called  under  the  pro- 
visions of  this  act  unless  such  person  shall  first  have  been 
registered  as  hereinafter  provided.  [L.  '09,  p.  498,  §13.  . 

5945L     No  new  registration  required. 

For  all  such  elections  in  the  districts  mentioned  in  section 
13  no  new  registration  shall  be  required,  except  as  hereinafter 


Tin:   STATI-:  OF  COLORADO.  73 

provided,  but  any  qualified  elector  of  any  such  district  whose 
name  is  on  ihe  registration  books  used  at  the  then  last,  pre- 
ceding general  election,  whether  county  or  municipal,  and  who 
resides  within  the  district  and  still  resides  at  the  place  desig- 
nated in  his  said  registration,  shall  be  deemed  properly  regis- 
tered for  any  such  registration;  and  additional  registration  and 
changes  in  registration  may  be  made  as  hereinafter  provided. 
[L.  '09,  p.  498,  §14. 

5945J.     Registration   books  furnished   by  county  clerk. 

On  the  fourteenth  day  preceding  any  such  election  to  be 
held,  the  county  clerk  of  the  proper  county  shall  deliver  to  the 
registration  committee  of  each  election  precinct  the  original 
book  of  registration  for  that  precinct  as  prepared  and  completed 
for  the  then  next  preceding  general  election,  whether  county  or 
municipal,  and  on  the  tenth  day  preceding  the  election  thus  to 
be  held,  or  if  that  day  be  a  legal  holiday  or  a  Sunday,  then  on 
the  succeeding  day,  the  registration  committee  for  each  precinct 
shall  sit  from  nine  o'clock  a.  in.  until  nine  o'clock  p.  m.,  at  some 
suitable  place  to  be  provided  by  the  county  commissioners  and 
centrally  located  within  the  precinct  as  far  as  practicable,  and 
shall  place  on  the  said  book  of  registration,  next  after  the  names 
already  thereon,  the  names  of  all  qualified  electors  of  the  district 
residing  in  that  precinct  who  are  not  registered  and  who  shall 
present  themselves  for  registration  and  comply  with  the  require- 
ments prescribed  by  the  general  registration  laws  of  this  state. 
[L.  '09,  p.  498,  §15.' 

5945k.     Removal  of  elector. 

Any  qualified  elector  whose  name  appears  upon  any  such 
book  of  registration,  but  who  has  removed  from  the  precinct 
in  which  he  is  registered  to  some  other  precinct  Within  such 
district,  may  appear  before  the  county  clerk  at  any  time  within 
live1  days  prior  to  any  such  election,  and  upon  making  oath  in 
writing  as  to  his  then  present  residence,  said  county  clerk  shall 
draw  a  red  line  through  the  registration  of  such  person,  making 
a  note  as  follows: 

"('hanged' 19 to  precinct 

,  ward v  inserting 

the  date  and  number  of  the  precinct  ami  ward  therein,  and  shall 
register  in  red  ink  such  person  in  the  book  of  registration  for 
the  precinct  in  which  such  person  then  resides;  and  a  change  of 
residence  within  the  same  precinct  may  he  made  in  like  manner. 
The  county  clerk  or  deputy  making  such  a  change  shall  sign  his 
name  in  the  column  provided  for  the  signatures  of  the  registra- 


74  SCHOOL    LAWS    OF 

tion  committee,  and  the  person  so  registered  shall  also  sign  his 
name  as  in  the  case  of  an  original  registration.  [L.  '09,  p.  499, 
§16. 

59451.     Books  returned. 

Immediately  after  completing  such  registration  said  regis- 
tration committee  shall  deliver  the  original  book  of  registration 
to  the  county  clerk,  who  shall  retain  the  same  until  the  day  prior 
to  the  election,  when  he  shall  deliver  the  same  to  the  judges 
of  election  selected  by  said  board  of  directors  for  their  use  at 
such  election,  properly  certified,  but  the  county  clerk  shall  not, 
for  any  such  election,  make  and  furnish  any  copy  of  such  regis- 
tration list  at  public  expense,  nor  shall  he  make  any  charge  for 
delivering  said  original  books  of  registration  as  required  herein; 
but  his  compensation  for  all  other  matters  hereby  required  shall 
be  as  fixed  by  the  registration  laws  of  this  state.  [L.  '09,  p. 
499,  §17. 

5945m.     Petition  for  purging  lists. 

At  any  time  prior  to  the  delivery  of  the  original  book  of 
regisration  to  the  registration  committee  of  the  precinct,  as 
herein  provided,  a  petition  for  purging  the  list  may  be  filed  as 
to  the  registration  list  appearing  therein,  and  at  any  time  prior 
to  the  seventh  day  before  election  a  petition  may  be  filed  for 
purging  the  list  of  additional  registrations  made  as  herein  pro- 
vided, which  petition  and  the  procedure  and  relief  thereunder 
shall  be  the  same,  as  near  as  may  be,  as  provided  in  the  regis- 
tration laws  of  this  state.  And  the  registration  and  election 
laws  of  this  state  shall  govern  in  all  matters  connected  with  the 
making  of  said  registration  except  as  herein  otherwise  provided. 
[L.  '09,  p.  500,  §18. 

5945n.     Repealing  clause — Proceedings  under  repealed  acts. 

Sections  5942,  5943,  5944  and  5945,  and  all  other  acts  and 
parts  of  acts  inconsistent  herewith,  are  hereby  repealed;  Pro 
vided,  That  the  repeal  of  said  acts  and  parts  of  acts  shall  in  no 
wise  affect  any  bonds  issued  thereunder. 

Any  and  all  proceedings  heretofore  had  or  which  are  now 
being  had  or  carried  forward,  under  the  acts  hereby  repealed, 
or  any,  all  or  either  of  them,  may  be  carried  forward,  completed 
or  consummated  under  this  act,  and  bonds  contemplated  by  such 
procedure  may  be  issued  in  the  form  and  with  the  terms  and 
according  to  the  provisions  of  this  act.  [L.  '09,  p.  500,  §19. 

NOTE — Sections  repealed  refer  to  sections  as  they  appear  in  R.  S.,  'OS. 


THE    STATE    OF    COLORADO.  75 

5946.  Redemption  of  bonds — premium. 

In  all  districts  that  have  issued  bonds  under  the  pro- 
visions of  the  laws  of  the  territory  of  Colorado,  the  treasurer 
of  the  district,  immediately  after  receiving  the  annual  installment 
of  the  fund  for  the  redemption  of  said  bonds,  as  provided  in 
section  ninety-one  (91),  shall  go  into  the  market,  and  at  the  low- 
est price  for  which  he  can  obtain  such  bonds,  shall  use  such  fund 
in  the  retiring  of  such  bonds  to  the  extent  of  such  fund;  Pro- 
vided,, That  the  said  treasurer  shall  not  pay  more  than  five  per 
cent  premium  on  any  bonds  of  his  district,  and  any  balance 
of  said  funds  remaining  in  the  hands  of  said  treasurer  shall  be 
invested  as  nearly  as  possible  in  United  States  bonds  or  state 
bonds  of  Colorado. 

[Section  91,  above  referred  to,  is  repealed.] 

5947.  U.  S.  bonds,  how  kept — proceeds — sale. 

All  United  States  or  state  bonds  which  may  come  into 
the  hands  of  any  district  treasurer,  under  the  provisions  of 
this  act,  shall  be  duly  recorded  in  the  books  of  the  district,  and 
deposited  in  the  safety  vault  of  some  bank  within  the  state, 
selected  by  the  district  board.  The  interest  coupons  of  said 
bonds  shall  be  duly  collected  by  the  district  treasurer,  and  the 
proceeds  turned  over  to  the  county  treasurer,  to  be  used  in  the 
payment  of  the  interest  coupons  of  the  bonds  of  such  district,  and 
the  annual  tax  for  the  payment  of  the  interest  on  said  bonds 
shall  be  proportionately  lessened.  Said  United .  States  or  state 
bonds  shall  be  sold  by  the  district  board  at  the  best  market  rates, 
and  the  proceeds  thereof  used  to  redeem  the  bonds  of  the  district 
when  the  same  become  due,  or  when  they  can  be  bought  at  not  to 
exceed  five  per  cent,  premium. 

5948.  Change  of  boundaries  not  release  property — annexed  property. 

No  change  in  the  boundary  lines  of  such  school  dis- 
trict shall  release  the  taxable  real  estate  of  the  district  from 
assessment  and  levy  of  taxes  to  pay  the  interest  and  principal 
of  such  bonds,  and  if  there  shall  be  any  change  of  the  lines  of 
such  school  district,  so  as  to  leave  any  portion  of  the  taxable  real 
estate  of  the  district  out  of  the  district,  which  was  subject  to 
taxation  in  the  district  at  the  time  of  the  issue  of  such  bonds, 
the  assessment  and  levy  for  principal  and  interest  of  such  bonds 
shall  be  made  on  such  property  as  if  it  were  still  within  the  dis- 
trict, and  if  there  shall  be  any  change  of  the  lines  of  such  school 
district,  so  as  to  annex  any  taxable  real  estate,  after  the  issue  of 
such  bonds,  the  real  estate  so  annexed  shall  thereafter  be  subject 
to  the  assessment  and  levy  for  principal  and  interest  of  such 
bonds. 


76  SCHOOL    LAWS    OF 

5949.  County  treasurer's  fees. 

The  treasurer  of  the  county  shall  receive  the  same  compen- 
sation for  the  collection  of  such  special  taxes  as  he  does  for  other 
school  taxes. 

REFUNDING     BONDS. 

5950.  Refunding  bonds — when  issued — interest — redemption. 

That  when  the  bonded  indebtedness  of  any  school  dis- 
trict in  this  state  has  matured,  or  may  hereafter  mature,  or 
has  or  may  hereafter  become  redeemable  at  the  pleasure  of  the 
district,  and  there  shall  not  be  funds  in  the  treasury  of  such 
school  district  available  for  that  purpose  with  which  to  redeem 
or  pay  such  bonds,  it  shall  be  lawful  for  the  board  of  directors 
of  such  school  district  to  issue  and  sell  new  bonds,  equal  to  the 
sum  necessary  and  no<t  otherwise  provided  for  the  payment  of 
the  bonds  then  matured  or  those  then  redeemable  at  the  pleasure 
of  such  school  district,  and  such  bonds  thus  issued  shall  not  be 
sold  at  a  less  price  than  their  par  value;  Provided,  It  shall  be 
lawful  for  the  board  of  directors  of  any  school  district  having  a 
bonded  indebtedness,  to  refund  the  same,  a^  any  time,  with  the 
consent  of  the  bond  owners,  in  bonds  bearing  a  less  rate  of  inter- 
est than  the  bonds  so  refunded  and  running  for  a  longer  time, 
which  said  bonds  thus  issued  shall  be  exchanged  at  not  less  than 
par  for  the  bonds  outstanding. 

Provided,  further,  That  all  bonds  issued  under  this  section 
shall  bear  interest  at  such  rate  as  said  school  board  may  deter- 
mine, not  to  exceed  8  per  cent,  per  annum,  and  shall  be  redeem- 
able at  the  pleasure  of  the  district  board,  in  not  to  exceed  ten 
years  and  payable  in  not  to  exceed  twenty  years  from  the  date 
thereof,  and  the  date  after  which  bonds  are  redeemable  shall  be 
plainly  written  or  printed  on  the  face  thereof. 

5951.  What  laws  apply  to  issue  and  payment. 

All  the  provisions  of  the  laws  of  the  state  of  Colorado, 
now  existing,  relating  to  the  duties  of  district  and  county 
officers  in  the  issue  and  payment  of  district  bonds,  and  relating 
to  the  assessment  and  collection  of  taxes  for  the  payment  of  the 
interest  and  principal  of  school  district  bonds,  shall  be  held  to 
apply  equally  and  in  like  manner  to  all  matters  pertaining  to  the 
issue  and  payment  of  bonds  issued  under  the  provisions  of  this 


TIII-:  STATI-:  OF  COLORADO.  77 

net,  except  thai  the  time  when  taxes  shall  be  levied  and  collected 
for  the  payment,  of  the  principal  of  said  bonds  shall  be  as  herein- 
after provided. 

• 

5952.  County  board  levy  tax — treasurer  collect. 

At  the  time  provided  by  law  for  the  levying  of  county 
taxes  in  the  year  next  preceding  the  date  at  which  the  first 
installment  of  said  bonds  shall  mature,  and  every  year  thereafter 
until  the  whole  amount  of  said  bonds  shall  be  redeemed,  the 
board  of  county  commissioners  of  any  county  in  which  bonds 
shall  have  been  issued  under  the  provisions  of  this  act  shall  levy 
a  tax  sufficient  to  pay  not  less  than  ten  per  centum  nor  more 
than  twenty  per  centum  of  the  principal  of  said  bonds,  and  the 
county  treasurer  shall  collect  the  same  as  other  taxes  are  col- 
lected, and  shall  pay  the  amount  so  collected  to  the  district 
treasurer  as  is  now  provided  by  law. 

5953.  Vote  on  refunding  bonds. 

I'mridcd.  Jioircrcr.  That  no  bonds  shall  be  issued  under 
the  provisions  of  this  act  until  the  question  of  refunding 
shall  first  have  been  submitted  to  and  approved  by  the  qualified 
voters  of  the  district  as  is  now  or  may  be  provided  by  law,  except 
thai  the  electors  shall  vote  "For  refunding"  or  "Against  refund- 
ing," instead  of  "For  the  bonds"  or  "Against  the  bonds." 

SPECIAL   DISTRICT   MEETINGS. 

5954.  Meetings  in  districts  of  third  class. 

In  any  district  of  the  third  class  the  board  of  directors 
may  at  any  time  call  a  special  meeting  of  the  electors  of  such 
district  for  any  of  the  purposes  specified  in  section  sixty-two  (62) 
of  this  act.  and  it  shall  be  their  duty  to  call  such  meeting,  if 
petitioned  so  to  do  by  ten  (10)  leg;al  voters  of  the  district.  No- 
tices, specifying  the  time,  place  and  object  of  such  meeting,  shall 
be  posted  in  three  C$)  public  places,  one  of  which  shall  be  at  the 
place  of  meeting,  at  least  twenty  nM))  days  prior  to  the  time  of 
holding  such  meeting. 

[Section  62  above  referred  to  is  section  5866.] 

5955.  Powers  of  meeting. 

The  qualified  electors  of  districts  of  the  Hiird  class,  when  as 
sembled  at  any  regular  or  special  meeting,  shall  have  power: 


78  SCHOOL    LAWS    OF 

First — To  appoint  a  chairman  and  secretary  in  the  absence 
of  the  regular  officers. 

Second — To  adjourn  from  time  to  time,  as  occasion  may 
require. 

Third — To  fix  the  site  for  each  school  house,  taking  into 
consideration  in  doing  so  the  wants  and  necessities  of  the  people 
of  each  portion  of  the  district. 

Fourth — To  order  such  tax  on  taxable  property  of  the  dis- 
trict as  the  meeting  shall  deem  sufficient  for  any  of  the  follow- 
ing purposes :  To  pay  teachers ;  to  purchase  or  lease  a  suitable 
site  for  a  school  house  or  school  houses;  to  build,  rent  or  pur- 
chase a  school  house  or  school  houses ;  and  to  keep  in  repair  and 
furnish  the  same  with  the  necessary  fuel  and  appendages;  for 
procuring  libraries  for  the  schools,  books  and  stationery  for  the 
use  of  the  board  and  district  meetings,  and  to  defray  all  other 
contingent  expenses  of  the  district. 

Fifth — To  direct  the  sale  or  other  disposition  to  be  made  of 
any  school  house,  or  the  site  thereof,  and  of  such  other  property, 
real  or  personal,  as  may  belong  to  the  district,  and  to  direct  the 
manner  in  which  the  proceeds  arising  therefrom  shall  be  applied. 

Sixth — To  transact  generally  such  business  as  may  tend  to 
promote  the  cause  of  education,  in  accordance  with  the  provi- 
sions of  this  act. 

Seventh — To  adopt  any  rules  of  order  for  the  government  of 
district  meetings,  not  incompatible  with  the  provisions  of  this 
act,  and  to  alter  and  change  the  same  from  time  to  time,  as  occa- 
sion may  require. 

UNION   HIGH   SCHOOLS. 

5956.     Meeting  to   establish — notice — high  school   committee — secretary — 
treasurer — admission  of  pupils. 

Whenever  the  school  boards  of  two  (2)  or  more  contig- 
uous school  districts  shall  each  deem  it  advisable  to  estab- 
lish a  union  high  school,  the  county  superintendent  shall,  at  the 
request  of  two  (2)  of  the  secretaries  of  the  boards,  call  a  meeting 
of  the  boards  interested  by  giving  personal  notice  to  each  mem- 
ber, which  meeting  shall  elect  by  ballot  from  among  the  members 
of  said  boards,  if  a  majority  of  the  members  of  each  board  are 
present,  a  committee  of  three  (3),  to  be  known  as  the  high  school 
committee  of  such  union  school.  The  county  superintendent 
shall  be,  ex-officio,  an  additional  member  of  said  committee  and 
shall  preside  at  the  meetings  thereof.  There  shall  be  elected  a 
secretary  of  such  committee,  and  if  need  be  a  treasurer.  In  any 
case  in  which  the  county  seat  of  any  county  shall  be  all  included 


THE    STATE    OF    COLORADO.  79 

in  one  school  district  the  board  of  such  school  district  shall  have 
the  same  powers  of  establishing  and  organizing  a  high  school  as 
mv  hereby  given  to  the  boards  of  two  or  more  contiguous  school 
districts,  and  in  such  case  the  high  school  committee  shall  be 
the  board  of  such  school  district,  or  such  three  members  as  they 
may  select.  High  schools  formed  under  the  provisions  of  this 
section  shall  be  open  to  all  children  from  all  districts  of  the 
county  in  which  they  are  so  formed,  provided  such  children  are 
qualified  as  hereinafter  provided. 

5961.     High  school  committee — term — vacancies. 

The  members  of  said  high  school  committee  shall  hold 
the  office  for  and  during  the  term  they  are  members  of 
their  respective  boards.  All  vacancies  in  said  committee,  other 
than  such  as  are  caused  by  the  expiration  of  the  term  of  office, 
shall  be  filled  by  the  school  board  of  which  the  person  so  vacating 
was  a  member.  The  secretary  shall  be  elected  annually,  and  may 
receive  such  compensation  as  the  committee  shall  deem  proper 
to  allow. 

5961a.     High  school  committee — meetings. 

The  regular  meetings  of  the  high  school  committee  shall  be 
held  on  the  first  Saturday  of  March,  June,  September  and  De- 
cember of  each  year,  and  special  meetings  may  be  held  at  any 
time  upon  the  call  of  the  county  superintendent,  or  two  (2) 
members  of  the  committee.  [M.  A.  S.,  3999. 

5966.      Maintenance  of  high  school. 

After  the  first  establishment  of  such  a  high  school,  it  shall 
be  maintained  until  the  then  next  regular  apportionment 
of  the  county  school  fund,  as  follows:  Each  district  which  shall 
have  any  children  attending  such  high  school  shall  draw  from 
its  school  fund,  and  cause  to  be  placed  to  the  credit  of  the  high 
school  fund,  such  part  of  the  whole  expenses  as  shall  be  propor- 
tioned to  the  number  of  pupils  attendant  at  such  high  school 
from  such  district,  provided  it  is  with  the  approval  of  the  direct- 
ors of  said  district.  After  the  first  year,  or  part  of  a  year,  so  as 
above  provided  for,  the  said  high  school  shall,  so  far  as  practica- 
ble, be  rated  as  a  separate  district.  It  shall  be  entitled  to 
draw  from  the  general  state  and  county  funds  its  quota  for 
attendance,  as  provided  by  section  seventy-two  (72)  of  this  act, 
and  the  deficit  shall  be  made  up  from  the  several  district  funds 
in  proportion  to  the  number  of  pupils  from  each  district  who 
attended  said  high  school  during  the  then  past  year. 

[Section  72  referred  to  above  is  section  5890.] 
[See  5977  p.] 


80  SCHOOL    LAWS    OF 

5969.     Term  of  session  of  school — qualification  of  pupils. 

The  high  school  may  be  maintained  during  forty  (40) 
weeks  in  each  year,  and  shall  be  free  to  -all  children  in  the 
county  who  are  qualified  for  admission  according  to  the  require- 
ments prescribed  by  the  committee,  and  all  children  in  the  county 
who  are  so  qualified,  and  who  can  pass  the  examination  pre- 
scribed by  the  committee,  shall  be  entitled  as  of  right  to  attend 
&aid  high  school. 

[See  section  5977.] 

5971.  Every  district  contributing  has  voice  in  election. 

Every  district  in  the  county  which  contributes  to  the 
support  and  patronage  of  said  high  school  shall,  by  its  board 
of  directors,  be  entitled  to  a  voice  in  the  election  of  members  of 
the  committee. 

5972.  When    high   school    districts  may   be   organized    in   fourth   and   fifth 

class  counties. 

In  all  counties  of  the  fourth  and  fifth  classes,  all  school  dis- 
tricts lying  adjacent  to  an  incorporated  town  or  city  may  be 
organized  into  a  union  high  school  district. 

5973.  How  supported — buildings. 

The  county  commissioners  of  each  of  said  counties  are  re- 
quired to  levy  a  tax  of  not  less  than  one  or  more  than  thre? 
mills  upon  all  taxable  property  in  such  high  school  districts 
when  the  same  shall  have  been  organized,  for  the  support  of  such 
school.  Such  levy  shall  be  made  annually  after  the  organization 
of  the  said  district  shall  have  been  made,  at  the  same  time  that 
other  taxes  are  levied. 

It  shall  be  the  duty  of  the  school  district  in  which  such 
school  or  incorporated  town  is  incorporated  to  provide,  at  its 
own  expense,  a  suitable  building  for  the  use  of  such  union  high 
school. 

[Partly  repealed  by  5977  p.] 

5974.  Addition  of  outlying  districts — attaching  district  in  adjacent  county. 

Any  outlying  school  district  not  contiguous  to  sncli  city 
or  incorporated  town  may,  by  a  majority  vote  of  the  duly 
qualified  electors  of  such  district,  be  added  to  any  such  union 
high  school  district  within  the  county;  and  where  it  is  more  con- 
venient for  the  pupils  of  any  school  district  to  attend  school  in 
a  union  high  school  of  another  county,  such  district  may  be 
attached,  by  such  vote,  to  the  union  high  school  district  of  an 
adjacent  county. 


TI1K    STATE    OF    COLORADO.  81 

5975.  Not  affect  organized  districts. 

The  organization  of  these  union  high  school  districts  shall 
not  «i fleet  the  organization  nor  the  levy  of  the  regularly  organ 
i/ed  districts. 

5976.  School  board — election. 

The  comity  sujK'rintendent  shall,  on  or  before  the  first 
day  of  May,  !!)<):>,  appoint  one  member  from  each  of  the 
adjoining  or  outlying  districts  composing  such  union  high  school 
districts,  who  shall,  together  with  the  members  of  the  regularly 
organized  district  in  which  the  building  is  located,  constitute  the 
school  board  of  such  union  high  school  district.  Each  following 
year  the  members  of  the  school  board  shall  be  elected  at  the  reg- 
ular annual  meeting  of  the  several  districts. 

5977.  Qualification  of  pupils — course  of  study. 

The  qualifications  necessary  to  enter  such  union  high 
school  shall  be  a  diploma  from  the  county  superintendent 
upon  completion  of  the  eighth  grade  work,  or  a  certificate  issued 
upon  grades  in  lien  of  the  eighth  grade  work.  The  county  super- 
intendents of  the  several  counties  shall,  at  their  first  annual  state 
meeting,  appoint  a  committee  of  five,  who  shall  formulate  a 
course  of  study  for  such  union  high  schools,  such  course  to  be 
uniform  in  all  the  grades. 

COUNTY   HIGH    SCHOOLS. 
5977a.     Counties  classified. 

For  the  purposes  of  this  act  the  several  counties  of  this  st alt- 
shall  be  classified  with  reference  to  population  and  divided  into 
live  classes  as  provided  by  sections  2565,  iiriWJ  and  ~r><>7  of  the 
revised  statutes  of  Colorado,  190S,  as  follows: 

The  city  and  county  of  henver,  unless  otherwise  provided 
in  the  charter  thereof,  shall  be  first  class;  101  Paso,  Teller  ami 
Pueblo  counties  shall  be  second  class;  Moulder.  Fremont,  Lake, 
Pitkin,  Las  Aniiuas  and  Weld  counties  shall  be  third  class; 
Adams,  Arapahoe,  Chaffee,  Clear  Creek.  Conejos,  Costilla,  Delta. 
Douglas.  Kagle,  C.arlield.  C.ilpin.  Ciimiiison.  lluerfauo.  Larimer. 
La  Plata,  Logan.  Mesa.  Mont  rose.  Morgan,  Ouray.  Otero.  Park. 
Prowers,  .Jefferson.  Rio  C.rande,  Kouti,  Saguache.  San  Miguel 
::ud  San  Juan  counties  shall  be  fourth  class;  Arrhiilela.  IJaca. 
P»eiit.  Cheyenne.  Custer  Dolores.  Klberl,  (Jrand.  llinsdale.  Ki- 
(,wa.  Kit  Carson.  Lincoln,  Monte/uma,  Mineral,  Phillips,  Rio 
Blanco,  Sedgwick,  Summit ,  Washington  and  Viiuia  counties 
shall  be  fifth  class.  The  counties  of  the  fourth  class  shall  be 
divided  into  two  divisions,  known  as  "A"  and  •'*!>." 


82  SCHOOL    LAWS    OF 

The  counties  comprising  division  "A"  shall  be  Adams,  Arap 
ahoe,  Chaffee,  Clear  Creek,  Conejos,  Douglas,  Garfield,  Gilpin, 
Gunnison,  Huerfano,  Jefferson,  Larimer,  La  Plata,  Mesa,  Otero, 
Ouray  and  San  Miguel;  and  the  counties  comprising  division 
"B"  shall  be  Costilla,  Delta,  Koutt,  Eagle,  Logan,  Montrose,  Mor- 
gan, Park,  Prowers,  Rio  Grande,  Saguache  and  San  Juan.  [L. 
'09,  p.  397,  §1. 

5977b.     Special  notice  of  election. 

On  the  petition  of  fifty  voters  having  the  qualifications  here- 
inafter prescribed,  of»  any  county  of  the  second,  third,  fourth  or 
fifth  class,  the  county  superintendent  of  public  schools  of  such 
county  shall  give  notice  not  less  than  twenty  days  before  any 
regular  meeting  now  or  which  may  hereafter  be  provided  by  law, 
for  electing  members  of  school  boards  in  the  respective  districts 
of  the  state,  that  the  question  of  organizing  the  county  into  one 
high  school  district  for  high  school  purposes,  will  be  submitted  to 
the  qualified  voters  of  the  respective  school  districts  in  the 
county,  at  such  meeting.  Qualified  voters  of  a  joint  school  dis- 
trict who  may  reside  in  any  county  proposing  to  organize  as 
aforesaid,  shall  be  entitled  to  vote  at  said  meeting.  [L.  '09,  p. 
398,  §2. 

5977c.     Notices  to  be  posted. 

The  county  superintendent  shall  cause  to  be  posted  in  the 
manner  hereinafter  prescribed,  notices  in  each  school  district  in 
the  county,  that  such  petition  has  been  made  and  that  at  the 
next  regular  meeting  for  electing  members  of  school  boards,  the 
question  of  organizing  the  county  into  one  high  school  district 
for  high  school  purposes,  will  be  submitted  to  the  qualified  vot- 
ers of  the  district.  The  secretary  of  each  school  board  shall,  under 
the  direction  of  the  county  superintendent,  cause  written  or 
printed  notices  to  be  posted  in  his  district,  specifying  the  pur 
pose,  the  day  and  the  place  or  places  of  such  election,  and  the 
time  during  which  the  ballot  box  or  boxes  shall  be  kept  open,  not 
less,  however,  than  three  hours.  The  time  and  place  specified 
in  such  notice  shall  be  the  same  time  and  place  at  which  the  reg- 
ular election  of  members  of  the  school  board  shall  be  held.  Said 
notices  shall  be  posted  in  at  least  three  public  places  in  the  dis- 
trict, one  of  which  shall  be  the  school  house,  if  there  be  one,  at 
least  twenty  days  previous  to  the  time  of  such  election.  [L.  '09, 
p.  398,  §3. 

5977d.     Who  may  vote— Form  of  ballot. 

Every  legally  qualified  elector  of  his  district  entitled  to  voie 
for  members  of  school  boards,  and  none  other,  shall  be  entitled 


THE    STATE    OF    COLORADO.  83 

to  vote  at  such  meeting  upon  such  question  of  organization. 
After  the  organization  of  the  meeting  for  the  election  of  mem- 
bers of  the  school  board,  the  qualified  electors  shall  proceed  to 
vote  by  ballot  on  the  question  whether  or  not  the  proposed 
high  school  district  for  high  school  purposes,  shall  be  organized. 
Those  in  favor  of  organization  shall  vote  "For  the  organization," 
and  those  opposed,  "Against  the  organization."  The  ballots  upon 
the  question  of  organization  shall  be  deposited  by  the  voters  in  a 
separate  ballot  box  to  be  provided  by  each  school  district  for  said 
purpose.  The  president,  secretary  and  treasurer  of  the  district 
school  board  shall  act  as  judges  of  the  election  and  should  any 
of  the  judges  be  absent  at  the  opening  of  the  polls,  the  electors 
present  shall  appoint  a  legal  voter  to  fill  the  vacancy.  [L.  '09,  p. 
398,  §4. 

5977e.     Canvass. 

Immediately  after  the  closing  of  the  polls  the  judges  shall 
open  the  ballot  box  and  proceed  to  count  the  votes  polled,  and 
the  counting  thereof  shall  be  commenced  and  continued  until  fin- 
ished before  the  judges  shall  adjourn.  As  soon  as  all  the  ballots 
shall  have  been  counted,  the  judges  shall  make  out  a  certificate 
under  their  hands  certifying  the  whole  number  of  votes  cast  upon 
the  question  of  organization  and  the  number  of  votes  cast  for 
organization  and  the  number  of  votes  cast  against  organization. 
Said  certificate,  together  with  the  ballots  cast  upon  the  question, 
shall  then  be  enclosed  and  sealed  up  under  suitable  cover,  and 
directed  to  the  county  superintendent  of  the  county  in  which 
such  election  is  held,  and  the  packet  thus  sealed  shall  be  sent 
by  registered  letter,  where  practicable,  otherwise  it  shall  be 
conveyed  by  one  of  the  judges  of  the  election,  to  be  determined  by 
lot  if  they  cannot  agree  otherwise,  within  three  days  after  the 
closing  of  the  polls.  [L.  '09,  p.  399,  §5. 

5977f.     Record  of  votes  preserved   by  county  superintendent. 

On  the  tenth  day  after  the  close  of  the  election,  or  sooner 
if  all  the  returns  be  received,  the  county  superintendent  of  the 
county  shall  proceed  to  open  the  said  returns  and  determine 
the  result  of  the  election  therefrom.  Said  county  superintendent 
shall  make  and  permanently  preserve  in  his  office  a  record  of 
the  total  number  of  votes  cast  upon  the  said  question  of  organi- 
zation, and  the  number  of  votes  cast  for  organization  and  against 
organization.  If  it  shall  appear  from  such  record  that  the  ma- 
jority of  the  votes  cast  on  the  question  of  organizing  the  county 
into  one  high  school  district  for  high  school  purposes  shall  be 
in  favor  of  such  organization  the  county  superintendent  of  public 


84  SCHOOL    LAWS    OF 

schools  of  such  county  shall,  by  notification  by  mail  and  by  pub- 
lication where  practicable,  call  a  meeting  of  the  directors  of  the 
respective  districts  of  said  county,  which  meeting  shall  be  held 
at  the  office  of  said  county  superintendent  not  later  than  thirty 
days  after  the  election  herein  provided  for.  Such  meeting  shall 
be  organized  by  the  election  of  a  temporary  chairman  and  secre- 
tary, and  the  directors  present  shall  then  proceed  to  elect  by 
ballot  from  among  the  members  of  said  boards  of  directors  four 
persons,  who  with  the  county  superintendent  of  public  schools 
as  an  ex  offlcio  member,  shall  be  known  as  the  high  school  com- 
mittee. No  two  members  of  any  board  of  directors  shall  at  the 
same  time  be  members  of  the  high  school  committee,  except  in 
counties  where  there  are  less  than  four  districts.  Immediately 
after  its  election  as  aforesaid  the  committee  shall  select  from  its 
members  a  president  and  a  treasurer.  The  county  superintend- 
ent of  schools  shall  be  ex  offlcio  the  secretary  of  the  committee. 
[L.  '09,  p.  399,  §6. 

5977g.     Term  of  members  of  high  school  committee. 

The  term  of  office  of  each  member  of  the  high  school  com- 
mittee shall  expire  simultaneously  with  the  expiration  of  his 
term  of  office  as  a  director  of  the  school  district  wherein  he 
resides,  and  the  vacancy  thus  created  shall  be  filled  by  the 
directors  of  the  various  school  districts  of  the  county,  at  a  meet 
ing  held  at  the  office  of  the  county  superintendent  not  later  than 
thirty  days  after  the  occurrence  of  the  vacancy.  The  secretary 
of  the  committee  shall  give  each  director  at  least  ten  days'  notice 
by  mail  of  the  holding  of  such  meeting.  All  vacancies  caused 
in  any  other  manner  than  by  expiration  of  term  of  office  shall 
be  filled  by  appointment  by  the  county  superintendent  of  public- 
schools.  [L.  '09,  p.  400,  §7. 


PROVISIONS    APPLICABLE    TO    BOTH    UNION    AND    COUNTY    HIGH 

SCHOOLS. 

5977h.     Meetings  of  committee. 

The  regular  meetings  of  the  high  school  committee  shall  be 
held  on  the  first  Saturday  of  March,  June.  September  and  De- 
cember in  each  year,  and  special  meetings  may  be  held  upon 
call  of  the  president  or  secretary  of  the  committee  or  upon 
request  of  any  two  members  thereof.  [L.  '09,  p.  400,  §8. 

5977i.      High  school  district  a  body  corporate. 

Each  regularly  organized  high  school  district  heretofore 
formed,  or  that  may  be  formed,  as  provided  in  this  act,  is  hereby 


Till-:    STATE    OF    COLORADO.  85 

declared   to   be  a   body   corporate,   by  the   name  and   style   of 
"  ........  .  ...................    county  high   school   district   in 

the  state  of  rolorado,"  and  in  that  name  may  hold  property  and 
be  a  party  to  suits  and  contracts,  the  same  as  municipal  corpora- 
tions in  this  state.  [L.  '09,  p.  400.  $0. 

• 

5977J.     May  hold  real  estate. 

It  shall  be  lawful  for  any  high  school  district  in  this  state 
to  take  and  hold,  under  the  provisions  of  any  law  now  or  here- 
after in  force  providing  for  the  exercise  of  the  right  of  eminent 
domain,  so  much  real  estate  as  may  be  necessary  for  the  location 
and  construction  of  a  high  school  building  or  buildings  and 
convenient  use  of  the  high  school.  [L.  '09,  p.  401,  §10. 

5977k.     Powers  and  duties  of  committee. 

Every  high  school  committee,  unless  otherwise  provided  by 
lnw,  shall  have  the  power,  and  it  shall  be  their  duty: 

First  —  To  employ  or  discharge  teachers,  mechanics  and 
laborers,  to  fix  and  order  paid  their  wages,  and  to  determine  the 
rate  of  tuition  for  non-resident  pupils. 

Second  —  To  enforce  the  rules  and  general  regulations  of  the 
state  superintendent,  to  fix  the  course  of  study,  the  exercises  and 
kind  of  text  books  to  be  used;  Provided.  That  but  one  kind  of 
text  book  of  the  same  grade  or  branch  of  study  shall  be  used  in 
the  same  department  of  a  high  school,  and  that  after  the  adop- 
tion of  any  book  it  shall  not  be  changed  in  less  than  four  years. 
unless  the  price  thereof  shall  be  unwarrantably  advanced,  or 
the  mechanical  quality  lowered,  or  the  supply  stopped. 

Third  —  To  provide  for  school  furniture,  and  for  everything 
needed  in  the  high  school  building,  or  for  the  use  of  the  high 
school  committee. 

Fourth-  —  To  rent,  repair  and  insure  high  school  buildings. 

Fifth—  To  build  or  remove  high  school  buildings,  and  to 
purchase  or  sell  school  lots  when  directed  by  a  vote  of  the  high 
school  district  so  to  do. 

tfi.rth  —  To  hold  in  trust  for  their  high  school  district  all 
real  or  personal  property  1'or  the  benefit  of  the  high  school 

thereof. 

Xovy///f--To  suspend  or  expel  pupils  from  the  high  school 
who  refuse  to  obe  the  rules  thereof. 


To  determine  the  n-uniber  of  teachers  that  shall  be 
employed  and  the  tcnglh  of  time  in  cadi  year  during  which  the 
high  school,  shall  be  kept,  and  to  fix  the  time  for  the  opening  or 
closing  of  the  high  school. 


86  SCHOOL    LAWS    OF 

Ninth — To  provide  books  for  indigent  children  on  the  writ- 
ten statement  of  the  teachers  that  the  parents  of  such  children 
are  not  able  to  purchase  them,  and  to  furnish  free  text  books 
for  the  use  of  all  pupils,  when  authorized  to  do  so  by  a  majority 
vote  of  the  high  school  district,  as  expressed  at  any  regular  or 
special  meeting. 

Tenth — To  require  all  pupils  to  be  furnished  with  the  proper 
and  suitable  books  as  a  condition  of  membership  in  the  high 
school. 

Eleventh — To  exclude  from  the  high  school  and  its  libraries 
all  books,  tracts,  papers  and  other  publications  of  an  immoral 
or  pernicious  tendency. 

Twelfth — To  require  teachers  to  conform  to  the  law. 

Thirteenth — To  make  an  annual  report,  as  required  by  law, 
to  the  county  superintendent,  on  or  before  the  first  day  of  August 
of  each  year,  in  the  manner  and  form  and  on  the  blanks  pre- 
scribed and  furnished  by  the  superintendent  of  public  instruc- 
tion. 

Fourteenth — To  make  a  report  directly  to  the  state  super- 
intendent whenever  instructed  by  him  so  to  do. 

Fifteenth — Whenever  a  pupil  resident  in  one  high  school 
district  desires  to  attend  the  high  school  in  another  high  school 
district  such  pupil  shall  be  permitted  to  do  so;  Provided,  That 
the  high  school  committee  may  refuse  to  admit  pupils  from 
other  high  school  districts  upon  the  ground  of  insufficient  room. 
[L.  '09,  p.  401,  §11. 

59771.     Powers  and  duties  of  president. 

The  president,  when  present,  shall  preside  at  all  meetings 
of  the  high  school  committee  and  of  the  high  school  district; 
shall  sign  all  orders  on  the  county  treasurer  for  the  payment  of 
money;  Provided,  however,  That  no  orders  shall  be  drawn  upon 
the  county  treasurer  except  in  favor  of  parties  to  whom  the  high 
school  district  has  become  lawfully  indebted.  He  shall  appear 
in  behalf  of  his  high  school  district  in  all  suits  brought  by  or 
against  the  same,  but  when  he  is  individually  interested  this 
duty  shall  be  performed  by  the  secretary,  and  in  the  absence 
of  the  president  the  secretary  shall  preside  at  the  committee  and 
district  meetings.  [L.  '09,  p.  402,  §12. 

5977m.     Powers  and  duties  of  secretary. 

The  secretary  shall  keep  an  accurate  account  of  the  expenses 
incurred  by  the  high  school  district,  and  shall  present  the  same 
to  the  committee  whenever  called  upon.  He  shall  give  the  re- 
quired notice  of  all  regular  and  special  meetings  as  herein  au- 


THE    STATE    OF    COLORADO.  u7 

thorized.  He  shall  keep  the  same  records  and  make  the  same 
rr  ports  as  are  now  or  may  hereafter  be  required  by  law  to  be 
kept  and  made  by  secretaries  of  public  school  districts.  [L,  '09, 
pp.  402,  403,  §13. 

5977n.     Powers  and  duties  of  treasurer. 

The  treasurer  shall  countersign  all  warrants  drawn  by  the 
president  and  secretary  on  the  county  treasurer,  in  favor  of 
parties  to  whom  the  high  school  district  has  become  lawfully 
indebted,  and  keep  an  account  of  the  same.  He  shall  take  charge 
cf  all  moneys  received  by  him  on  account  of  the  high  school 
district  from  the  county  treasurer,  as  now  provided  by  law,  and 
pay  out  the  same  as  by  law  provided.  He  shall  render  a  state- 
ment of  the  finances  of  the  district,  as  shown  by  the  records 
of  his  office,  at  the  close  of  each  school  year  and  at  any  other 
time  when  required  by  the  committee.  The  treasurer  shall  per- 
form such  additional  duties  and  be  subjected  to  such  additional 
obligations  as  are  now  or  may  hereafter  be  imposed  by  law 
upon  the  treasurers  of  public  school  districts.  [L.  '09,  p.  403,  §14. 

5977o.     Powers  and  duties  of  directors  unchanged. 

Each  high  school  district  heretofore  formed  or  that  may  be 
formed,  as  provided  in  this  act,  shall  exercise  all  the  powers 
and  perform  all  the  duties  that  are  at  the  time  of  the  adoption 
of  this  act  accorded  to  and  required  of  directors  of  first  and 
second  class  districts  throughout  the  state;  Provided,  That  the 
amount  of  tax  certified  to  the  county  commissioners  for  the 
maintenance  of  the  high  school  in  any  high  school  district  shall 
in  no  case  exceed  four  mills  on  the  dollar  of  the  assessed  valua- 
1ion  of  the  high  school  district.  [L.  '09,  p.  403,  §15. 

5977p.     Tax  levied  by  county  commissioners. 

The  county  commissioners  of  any  county  wherein  is  a  high 
school  district  heretofore  organized  according  to  law,  or  where 
any  high  school  district  is  organized  under  the  provisions  of 
this  act,  or  heretofore  organized  as  a  union  high  school  at  any 
county  seat,  under  section  5956  of  the  Revised  Statutes  of 
Colorado  of  1908,  shall  levy  annually,  at  the  time  of  levying 
taxes  for  other  purposes,  a  high  school  tax  on  all  the  taxable 
property  of  the  county,  said  tax  not  to  exceed  four  mills  on  the 
dollar  of  the  assessed  valuation.  The  high  school  tax  shall  be 
assessed  and  collected  in  the  same  manner  as  other  taxes  are 
assessed  and  collected  and  shall  be  paid  out  by  the  county  treas- 
urer on  warrant  drawn  by  the  president  and  secretary  of  the 


88  SCHOOL    LAWS    OF 

high    school    committee    and    countersigned    by    the    treasurer 
thereof.     [L.  '09,  p.  403,  §16. 

5977q.     On  petition  notice  of  election  to  be  given. 

On  the  petition  of  fifty  voters  having  the  qualifications  here- 
inafter prescribed,  of  any  high  school  district,  the  county  super- 
intendent of  public  schools  and  ex  officio  secretary  of  said  (dis- 
trict shall  give  notice,  not  less  than  twenty  days  before  any 
regular  meeting  now  or  which  may  hereafter  be  provided  by 
law,  for  electing  members  of  school  boards  in  the  respective 
districts  of  the  state,  or  special  meeting  held  under  the  pro- 
visions of  this  act,  that  the  question  of  contracting  a  bonded 
debt  for  the  purpose  of  erecting  and  furnishing  high  school 
buildings,  or  purchasing  ground,  or  for  funding  floating  debts, 
will  be  submitted  to  such  qualified  voters  of  the  high  school 
district  as  have  paid  a  school  tax  therein  in  the  year  next  pre- 
ceding said  meeting.  Notice  of  such  meeting  shall  be  given  arid 
such  meeting  shall  be  held  and  conducted  and  the  returns  thereof 
made  and  the  result  declared  in  the  manner  as  nearly  as  may  be 
ns  is  by  this  act  provided  for  the  organization  of  high  school 
districts.  Any  person  offering  to  vote  at  such  meeting  in  the 
respective  public  school  districts  of  the  high  school  district  may 
be  challenged  by  any  legally  qualified  elector  of  the  district 
and  any  one  of  the  judges  of  election  shall  thereupon  administer 
to  the  person  challenged  an  oath  as  follows: 

"You  do  swear  (or  affirm)  that  you  are  a  citizen  of  the 
United  States;  that  you  have  resided  in  the  state  of  Colorado 
one -year  immediately  preceding  this  election;  that  you  are 
twenty-one  years  of  age;  that  you  have  resided  in  this  district 
thirty  days  next  preceding  this  election,  and  that  you  have  paid 
a  school  tax  within  this  school  district  in  the  year  next  preceding 
this  election,  and  that  you  have  not  voted  at  this  election,  so 
help  you  God  (or  under  the  pains  and  penalties  of  perjury)." 

If  he  shall  refuse  to  take  such  oath  or  affirmation  his  vote 
shall  be  rejected.  The  high  school  committee  of  any  such  high 
school  district  shall  first  agree,  and  certify  the  amount  of  in- 
debtedness to  be  created,  if  any.  In  no  case  shall  the  aggregate 
amount  of  bonded  indebtedness  of  any  high  school  district  for 
high  school  purposes  exceed  two  per  cent,  of  the  assessed  value 
of  the  property  of  such  high  school  district.  At  such  election  a 
separate  ballot  box  for  this  purpose  shall  be  provided  and  the 
qualified  electors  shall  vote  by  ballot  "For  high  school  bonds" 
or  "Against  high  school  bonds."  If  it  shall  appear  from  the 
final  record  of  the  county  superintendent  that  a  majority  of  all 
Hie  votes  cast  are  for  the  high  school  bonds,  the  high  school 
committee,  as  soon  as  practicable  thereafter,  shall  issue  coupon 


Till-:    STATK    OF    COLOKAIH  >.  89 

bonds  of  I  he  high  school  district,  bearing  interest  not  exceeding- 
six  ]>er  cent,  per  annum,  payable  semi-annually  and  redeemabl" 
at  the  pleasure  of  the  high  school  district  at  any  time  after  a 
date  to  be  tixed  by  said  high  school  committee  not  less  than  ten 
years  after  date,  and  to  be  absolutely  due  and  payable  at  a  date 
to  be  tixed  by  said  high  school  committee  not  less  than  twenty 
nor  more  than  forty  years  from  date,  the  principal  and  interest 
payable  at  the  otlice  of  ihe  treasurer  of  the  county  in  which  said 
high  school  district  may  be  situated,  or  the  interest  may  be  pay- 
able in  the  city  of  New  York,  at  the  option  of  the  holders  thereof, 
and  the  canceled  coupons  shall  be  at  the  disposal  of  the  high 
school  committee.  All  such  bonds  so  issued  shall  be  signed  by 
the  president  of  the  high  school  commit  lee,  and  shall  have  the 
seal  of  the  high  school  district  attached,  attested  by  the  secretary, 
and.  shall  be  countersigned  by  the  county  treasurer,  and  the 
coupons  thereto  annexed  shall  be  signed  by  the  president  of  the 
high  school  committee  by  original  or  engraved  signature.  [L. 
•01).  p.  404,  §17. 

5977r.     Bonds  to  be  registered  in  special  book. 

Whenever  any  high  school  district  shall  issue  bonds  under 
the  provisions  of  this  act,  all  such  bonds  shall,  previous  to  being 
negotiable,  be  presented  to  the  recorder  of  the  county  to  be  duly 
registered  by  him  in  a  book  kept  ,for  that  purpose  in  his  office, 
noting  the  amount,  time  of  payment  and  rate  of  interest,  and  all 
such  bonds  shall  state  on  their  face  that  they  are  issued  under 
the  provisions  of  this  act.  [L.  '()!),  p.  405,  §18. 

5977s.     Commissioners  levy  tax  for  payment  of  interest,  etc. 

Whenever  any  high  school  district  shall  issue  bonds  under 
the  provisions  of  this  act  it  shall  be  the  duty  of  the  board  of 
commissioners  of  the  county  in  which  said  district  may  be 
situated  to  levy  and  assess  a  special  tax  on  all  the  taxable  prop- 
erty of  such  high  school  district,  in  amounts  suflicient  to  pay 
the  interest  coupons  thereon,  when  the  same  sliall  become  due. 
according  to  their  tenor  and  effect,  and  the  county  treasurer 
shall  collect  the  same  as  other  taxes  are  collected,  in  cash  only, 
kec  ping  the  same  separate  from  other  funds  received  by  him;  and 
if  there  shall  be  any  surplus  after  paying  the  coupons  and  the 
expenses  of  collecting  such  special  tax  the  treasurer  shall  with- 
out delay  pass  the  same  to  the  credit  of  such  high  school  district, 
and  such  fund  so  passed  to  the  credit  of  such  district  shall  be 
subject  to  the  disposal  of  the  high  school  committee.  And  in 
the  calendar  year  next  preceding  the  date  fixed  by  said  high 
school  committee  after  which  said  bonds  are  redeemable,  and 


90  SCHOOL    LAWS    OF 

annually  thereafter  until  the  full  payment  of  said  bonds,  the  said 
county  commissioners  shall  provide  by  taxation  and  shall  collect 
such  a  per  centum  of  the  principal  of  said  bonds  as  will,  in 
equal  annual  installments,  be  sufficient  to  redeem  all  of  said 
bonds  by  the  time  they  mature,  which  amount  shall  be  assessed 
and  collected  the  same  as  the  tax  for  the  payment  of  the  interest 
coupons,  and  when  collected  shall  be  turned  over  to  the  treasurer 
of  such  high  school  district,  such  money  to  be  used  only  in  the 
payment  of  such  bonds,  in  the  manner  as  follows: 

The  treasurer  of  such  high  school  district,  immediately  after 
receiving  the  money  as  aforesaid,  shall  advertise  in  some  news- 
paper published  in  his  county,  if  there  be  any,  for  four  successive 
weeks,  that  on  a  certain  day  named  in  the  advertisement  he 
will  pay  certain  of  the  high  school  district  bonds,  said  bonds  to 
be  described  in  the  advertisement  by  number  and  amount,  and 
the  advertisement  shall  further  state  that  after  the  day  so  fixed 
for  payment  the  interest  on  the  bonds  described  as  aforesaid  shall 
cease  and  determine.  The  said  payment  shall  be  made  at  the 
office  and  in  the  presence  of  the  treasurer  of  the  county,  who 
shall  cancel  the  bonds  redeemed,  and  a  minute  of  such  cancella- 
tion shall  be  made  on  the  books  of  the  county  recorder,  after 
which  they  shall  be  at  the  disposal  of  the  high  school  committee. 
[L.  '09,  p.  405,  §19. 

5977t.     Bonds  to  be  redeemed. 

In  all  high  school  districts  that  may  issue  bonds  under  the 
provisions  hereof,  the  treasurer  of  such  district,  immediately 
after  receiving  the  annual  installment  of  the  fund  for  the  re- 
demption of  said  bonds,  as  provided  in  the  foregoing  section 
hereof,  shall  go  into  the  market  and  at  the  lowest  possible  price 
for  which  he  can  obtain  such  bonds  shall  use  such  fund  in 
the  retiring  of  such  bonds  to  the  extent  of  such  fund.  [L.  '09,  p. 
406,  §20. 

5977u.     Change  in  boundary  not  affect  taxable  district. 

No  change  in  the  boundary  lines  of  such  high  school  district 
shall  release  the  taxable  real  estate  of  the  district  from  assess- 
ment and  levy  of  taxes  to  pay  the  interest  and  principal  of  such 
bonds,  and  if  there  shall  be  any  change  of  the  lines  of  such  high 
school  district,  so  as  to  leave  any  portion  of  the  taxable  real 
estate  of  the  district  out  of  such  district,  which  was  subject  to 
taxation  in  the  district  at  the  time  of  the  issue  of  such  bonds, 
the  assessment  and  levy  for  principal  and  interest  of  such  bonds 
shall  be  made  on  such  property  as  if  it  were  still  within  the 
district,  and  if  there  shall  be  any  change  of  the  lines  of  such 


THE    STATE    OF    COLORADO.  ,  91 

high  school  district,  so  as  to  annex  any  taxable  real  estate  after 
the  issue  of  such  bonds,  the  real  estate  so  annexed  shall  there- 
after be  subject  to  the  assessment  and  levy  for  principal  and 
interest  of  such  bonds.  [L.  '09,  p.  407,  §21. 

5977v.     Compensation   of  county  treasurer. 

The  treasurer  of  the  county  shall  receive  the  same  compen 
sation  for  the  collection  of  such  special  taxes  as  he  does  for  other 
school  taxes.  [L.  '09,  p.  407,  §22. 

5977w.     Special   meetings. 

In  any  high  school  district  the  high  school  committee  may 
at  any  time  call  a  special  meeting  of  the  electors  of  such  district 
for  any  of  the  purposes  specified  in  this  act,  and  the  notice  of 
such  special  meetings  shall  be  given  and  such  special  meeting 
shall  be  held  and  the  result  thereof  declared,  in  the  same  manner, 
as  nearly  as  may  be,  as  is  provided  by  this  act  in  the  case  of 
meetings  for  the  organization  of  high  school  districts.  [L.  '09, 
p.  407,  §23. 

5977x.     What  H.  S.  districts  subject  to  provisions  of  this  act,  etc. 

All  high  school  districts  organized  and  now  existing  under 
the  provisions  of  chapter  100  of  the  Session  Laws  of  Colorado, 
1899,  being  "An  act  to  provide  for  the  establishment  and  support 
of  high  schools  in  counties  of  the  fourth  and  fifth  classes,"  ap- 
proved April  8th,  1899,  or  under  chapter  219  of  the  Session  Laws 
of  Colorado,  1907,  being  "An  act  to  amend  an  act  entitled  an  act 
to  provide  for  the  establishment  and  support  of  high  schools  in 
counties  of  the  fourth  and  fifth  classes,"  approved  April  9th, 
1907,  are  hereby  declared  to  be  duly  organized  high  school  dis- 
tricts under  the  provisions  of  this  act,  and  entitled  to  enjoy  all 
the  privileges  and  exercise  all  of  the  powers  conferred  by  this 
act,  and  shall  hereafter  be  subject  to  the  provisions  of  this  act; 
Provided,  That  no  school  district  in  any  county  shall  be  taxed 
without  its  consent  for  the  support  of  more  than  one  class  or 
kind  of  high  school,  the  establishment  of  which  is  authorized 
by  law;  and  in  voting  on  the  organization  of  a  county  high  school 
district  under  the  provisions  of  this  act,  any  school  district  then 
maintaining  a  high  school  or  any  school  districts  then  organized 
into  a  union  high  school  district  and  maintaining  therein  a  union 
high  school  may  by  voting  against  the  organization  of  a  county 
high  school  district  be  excluded  from  such  county  high  school 
district;  but  if  any  school  district  maintaining  a  high  school  or 
districts  maintaining  a  union  high  school  shall,  under  the  pro- 


92  SCHOOL    LAWS    OF 

visions  of  this  section,  vote  against  the  organization  of  a  county 
high  school  district,  the  ballots  cast  in  such  district  or  districts 
shall  be  considered  only  upon  the  question  of  exclusion  and  shall 
not  be  considered  in  determining  the  final  result  upon  the  ques- 
tion of  organizing  a  county  high  school  district.  And  providing, 
further.  That  any  school  district  maintaining  a  high  school,  or 
any  districts  organized  into  a  union  high  school  district  and 
maintaining  therein  a  union  high  school,  may  abandon  such 
high  school  organization  and  organize  under  the  provisions  of 
this  act.  [L.  '09,  p.  407.  §24. 

TRUANT  SCHOOLS. 

5978.  Establishment  of  parental  or  truant  schools. 

That  in  cities  having  a  population  of  100,000  inhab- 
itants or  more,  there  shall  be  established,  maintained  and 
conducted  within  two  years  from  the  date  of  taking  effect  of  this 
act,  one  or  more  parental  or  truant  schools  for  the  purpose  of 
affording  a  place  of  confinement,  discipline,  instruction  and 
maintenance  of  children  of  compulsory  school  age  who  may  be 
committed  thereto  in  the  manner  hereinafter  provided. 

[Appointment  and  duties  of  truant  officer.     Sections  534  and  535.] 

5979.  School  sites  secured — supplies. 

For  the  purpose  of  establishing  such  school  or  schools,  sites 
may  be  purchased  and  buildings  constructed  or  premises  rented 
in  the  same  manner  as  is  provided  for  in  the  case  of  public 
schools  in  such  cities ;  but  no  such  school  shall  be  located  at  or 
near  any  penal  institution. 

And  it  shall  be  the  duty  of  the  board  of  education  to  furnish 
such  schools  with  such  furniture,  fixtures,  apparatus  and  provi- 
sions as  may  be  necessary  for  the  maintenance  and  operation 
thereof;  Provided,  That  nothing  in  this  act  shall  be  construed  to 
permit  an  increase  of  the  levy  for  school  purposes  beyond  the 
limit  fixed  by  law. 

5980.  Officers  and  teachers. 

The  board  of  education  may  also  employ  a  superintendent 
and  all  other  necessary  officers,  agents  and  teachers;  and  shall 
prescribe  the  methods  of  discipline  and  the  course  of  instruction 
and  shall  exercise  the  same  powers  and  perform  the  same  duties 
as  is  prescribed  by  law  for  the  management  of  other  schools. 

5981.  Religious  instruction  and  training. 

Xo  religious  instructions  shall  be  given  in  said  school, 
except  such  as  is  allowed  by  law  to  be  given  in  public 


THE    STATE    OF    COLORADO.  93 

schools;  but  the  board  of  educai  ion  shall  make  suitable  regula- 
tion so  that  the  inmates  may  receive  religious  training  in  accord- 
ance with  the  belief  of  the  parents  of  such  children,  either  by 
allowing  religious  services  to  be  held  in  the  institution  or  bv 
arranging  for  attendance  at  public  service  elsewhere. 

5982.  Petition  to  commit  truant  to  school. 

It  shall  be  the  duty  of  any  truant  officer ^  or  agent,  of 
such  board  of  education  to  petition,  and  any  reputable  citizen 
of  the  city  may  petition  the  county  court  of  the  county  to  in- 
quire into  the  case  of  any  child  of  compulsory  school  age  who  is 
not  attending  school,  or  who  has  been  guilty  of  habitual  truancy, 
or  of  persistent  violation  of  the  rules  of  the  public  schools,  and 
the  petition  shall  also  state  the  names,  if  known,  of  the  father 
and  mother  of  such  child,  or  the  survivor  of  them;  and  if  neither 
father  nor  mother  of  such  child  is  living,  or  cannot  be  found  in 
the  county,  or  if  their  names  cannot  be  ascertained,  then  the 
name  of  the  guardian,  if  there  be  one  known,  and  if  there  be  a 
parent  living  whose  name  can  be  ascertained,  or  a  guardian,  the 
petition  shall  show  whether  or  not  the  father  or  mother  or  guard- 
ian consents  to  the  commitment  of  such  child  to  such  parental  or 
truant  school.  Such  petition  shall  be  verified  by  oath  upon  the 
belief  of  the  petitioner,  and  upon  being  filed,  the  judge  of  the 
county  court  shall  have  such  child  named  in  the  petition  brought 
before  him  for  the  purpose  of  determining  the  application  in  said 
petition  contained.  But  no  child  shall  be  committed  to  such 
school  who  has  never  been  convicted  of  any  offense  punishable 
by  confinement  in  any  penal  institution. 

5983.  Clerk   issue  writ — return — notice. 

rpon  Ihe  filing  of  such  petition  the  clerk  of  the 
court  shall  issue  a  writ  to  the  truancy  officer  of  the  -district, 
directing  him  to  bring  such  child  before  the  court;  if  the  court 
shall  find  the  material  facts  set  forth  in  the  petition  are  true, 
and  if  in  the  opinion  of  the  court  such  child  is  a  fit  person  to  be 
committed  to  such  parental  or  truant  school,  to  be  kept  there 
until  he  or  she  arrives  at  the  age  of  fourteen  years,  unless  sooner 
discharged  in  the  manner  hereinafter  set  forth,  subject  to  the 
right  of  appeal  as  in  cases  of  misdemeanor  in  the  county  courts. 
Before  the  hearing  aforesaid,  notice  in  writing  shall  be  given  to 
the  parent  or  guardian  of  such  child,  if  known,  of  the  proceedings 
about,  to  be  instituted,  that  he  or  she  may  appear  and  resist  the 
same,  if  thev  so  desire. 


94  SCHOOL    LAWS    OF 

5984.  Parent  pay  cost  of  keeping  child. 

It  shall  be  the  duty  of  the  parent  or  guardian  of  any 
child  committed  to  this  school  to  pay  the  actual  cost  of 
board  of  such  child  and  provide  suitable  clothing  upon  his  or  her 
entry  into  such  school,  and  from  time  to  time  thereafter  as  it 
may  be  needed,  upon  notice  in  writing  from  the  superintendent 
or  other  proper  officer  of  the  school.  In  case  any  parent  or 
guardian  shall  refuse  or  neglect  to  furnish  such  clothing  or  pay 
for  such  board,  the  same  may  be  provided  by  the  board  of  educa- 
tion, and  such  board  may  have  an  action  against  such  parent  or 
guardian  of  said  child  to  recover  the  cost  of  such  clothing  and 
board,  with  10  per  cent,  additional  thereof. 

5985.  Rules  for  parole. 

The  board  of  education  of  such  city  shall  have  power 
to  establish  rules  and  regulations  under  which  children 
committed  to  such  parental  or  truant  school  may  be  allowed 
to  return  home  upon  parole,  but  to  remain  while  upon  parole  in 
the  legal  custody  and  under  control  of  the  officer  and  agents  of 
such  school  and  subject  at  any  time  to  be  taken  back  within  the 
enclosure  of  such  school  by  the  superintendent  or  any  authorized 
officer  of  said  school,  except  as  hereinafter  provided;  and  full 
power  to  enforce  such  rules  and  regulations  to  retake  any  such 
child  so  upon  parole  is  hereby  conferred  upon  said  board  of  edu- 
cation. No  child  shall  be  released  upon  parole  in  less  than  four 
weeks  from  the  time  of  his  or  her  commitment,  nor  thereafter 
until  the  superintendent  of  such  parental  or  truant  school  shall 
have  become  satisfied  from  the  conduct  of  such  child  that,  if 
paroled,  he  or  she  will  attend  regularly  the  public  or  private 
school  to  which  he  or  she  may  be  sent  by  his  or  her  parents  or 
guardians,  and  shall  so  certify  to  the  board  of  education. 

5986.  Report  of  principal. 

It  shall  be  the  duty  of  the  principal  or  other  per- 
son having  charge  of  the  school  to  which  such  child  so  released 
on  parole  may  be  sent,  to  report  at  least  once  each  month  to  the 
superintendent  of  the  parental  or  truant  school,  stating  whether 
or  not  such  child  attends  school  regularly,  and  obeys  the  rules 
and  regulations  of  such  school;  and  if  such  child  so  released 
upon  parole  shall  be  regular  in  his  or  her  attendance  at  school, 
and  his  or  her  conduct  as  pupil  shall  be  satisfactory  for  a  period 
of  one  year  from  date,  on  which  he  4or  she  was  released  upon 
parole,  he  or  she  shall  then  be  finally  discharged  from  the  par- 
ental or  truant  school,  and  shall  not  be  recommitted  thereto,  ex- 
cept upon  petition  as  hereinbefore  provided. 

[Report  of  truant  officer  when  child  too  poor  to  attend  school.    Section  537.] 


Till-:    STATE    OF    COLORADO.  95 

5987.  Penalty  for  violating  parole — second  parole. 

In  case  any  child  released  from  school  upon  parole,  as 
hereinbefore  provided,  shall  violate  the  conditions  of  his  or 
her  parole  at  any  time  within  one  year  thereafter,  he  or  she  shall, 
upon  the  order  of  the  county  court,  as  hereinbefore  provided, 
be  taken  back  to  such  parental  or  truant  school,  and  shall  not 
be  again  released  upon  parole  within  the  period  of  three  months 
from  the  date  of  such  re-entering;  and  if  he  or  she  shall  violate 
the  conditions  of  a  second  parole,  he  or  she  shall  be  recommitted 
to  such  parental  or  truant  school,  and  shall  not  be  released 
therefrom  on  parole,  until  he  or  she  shall  remain  in  such  school 
at  least  one  year. 

5988.  Incorrigible  children. 

In  any  case  where  a  child  is  incorrigible  and  his  or  her 
influence  in  such  school  shall  be  detrimental  to  the  interests 
of  the  other  pupils,  the  board  of  education  may  authorize  the 
superintendent  or  any  officer  of  the  school  to  represent  these 
facts  to  the  county  court  by  petition;  and  the  court  shall  have 
power  to  commit  such  child  to  some  juvenile  reformatory. 

5989.  When  act  applicable  to  cities  of  less  than  100,000  population. 

The  boards  of  education  in  cities  having  a  population 
of  over  25,000,  and  less  than  100,000  may  establish,  maintain 
and  operate  a  parental  or  truant  school  for  the  purpose  herein- 
above  specified,  and  in  case  of  the  establishment  of  such  a  school, 
the  boards  of  education  shall  have  like  power  in  their  respective 
cities  as  hereinbefore  expressed;  Provided,  That  no  board  of 
trustees  or  board  of  education  under  this  section  shall  put  this 
law  into  effect  until  submitted  to  a  vote  of  the  people  and  adopted 
by  a  majority  vote  at  some  general  election,  in  which  case  school 
districts  in  the  same  municipality  may  unite  in  the  establishment 
and  maintenance  of  one  such  truancy  school. 

TEACHERS. 

5990.  Teachers  must  have  license — exceptions. 

No  district  board  shall  employ  any  person  to  teach  in 
any  of  the  public  schools  of  the  state,  unless  such  per- 
son shall  have  a  license  to  teach,  issued  from  the  proper  district, 
county  or  state  authority,  and  in  full  force  at  the  date  of  em- 
ployment ;  and  any  teacher,  who  shall  commence  teaching  in  any 
such  school  without  such  license,  shall  forfeit  all  claim  to  com- 
pensation out  of  the  school  fund  for  the  term  so  teaching  with- 
out such  license.  And  if  a  teacher's  license  shall  expire  by  its 


96  SCHOOL    LAWS    OP 

own  limitation  within  a  term  of  employment,  such  expiration 
shall  not  have  the  effect  to  stop  the  school,  or  stop  the  teacher's 
pax  ;  Provided,  That  a  teacher  whose  certificate  so  expires,  if  the 
term  of  school  for  which  such  teacher  is  employed  extends  more 
than  one  month  after  such  expiration,  shall  secure  a  new  certifi- 
cate, or  a  renewal  of  the  one  held  while  the  same  is  in  force; 
And,  prodded,  further,  That  a  certificate  shall  not  be  required 
of  persons  employed  to  teach  either  music,  drawing,  or  modern 
languages  only.  No  teacher  shall  be  dismissed  without  good 
cause  shown,  and  such  teacher  shall  be  entitled  to  receive  pay 
for  services  rendered. 

5991.     County  examinations — notice — certificate. 

On  the  third  Thursday  in  August,  December'  and  March  in 
each  year  the  county  superintendent  shall  meet  all  persons,  of  not 
less  than  eighteen  years  of  age,  desirous  of  passing  an  examina- 
tion as  teachers,  in  some  suitable  room  at  the  county  seat,  notice 
of  which  will  be  given  in  some  newspaper  in  the  county,  or  in  case 
there  is  no  paper  published  in  the  county  he  shall  give  such 
notice  as  may  by  him  be  deemed  necessary,  at  which  time  he 
shall  examine  all  such  applicants  in  orthography,  reading,  writ- 
ing, arithmetic,  English  grammar,  geography,  history  and  consti- 
tution of  the  United  States  and  the  constitution  of  Colorado, 
civil  government,  physiology,  natural  sciences,  theory  and  prac: 
tice  of  teaching,  and  the  school  law  of  the  state.  If  the  applicant 
is  to  teach  in  a  school  of  high  grade,  the  examination  shall  ex- 
tend to  such  additional  branches  of  study  as  are  to  be  pursued 
in  such  school.  If  satisfied  of  the  competency  to  teach  and  of  the 
good  moral  character  of  the  applicant,  he  shall  give  such  appli- 
cant a  certificate,  as  provided  in  the  following  section,  but  he 
shall  not  issue  a  certificate  except  one  of  like  grade  unless  the 
applicant  be  examined  at  the  regular  state  examinations.  He 
may,  however,  in  case  of  emergency,  recognize  county  teachers' 
certificates  issued  in  this  or  other  states  by  endorsing  thereon 
the  word  "Good"  until  the  next  regular  county  examination; 
Provided,  That  the  certificates  so  endorsed  shall  be  in  full  force 
at  the  date  of  such  endorsement,  and  shall  not  be  renewed,  ex- 
tended, nor  show  a  previous  endorsement  thereon.  If  the  attend- 
ance upon  the  examination  at  the  county  seat  shall  work  a  great 
hardship  to  five  or  more  teachers  in  the  county,  the  county  super- 
intendent may  provide  for  such  teacher  or  teachers  to  take  the 
examination  at  some  convenient  place,  and  the  county  superin- 
tendent may  appoint  some  suitable  person  to  conduct  such  ex- 
amination, who  shall  without  delay  report  to  the  county  super- 
intendent the  written  answers  of  each  application.  Sue5!!  person 


THE    STATE    OF    COLORADO.  1)7 

shall  be  entitled  to  five  (5)  dollars  per  day  for  conducting  such 
examination,  and  such  services  shall  be  certified  by  the  county 
superintendent  to  the  county  commissioners. 

5992.  Applicant  for  certificate  pay  fee. 

Each  applicant  for  a  teacher's  certificate  at  any  regu- 
lar county  examination,  and  each  successful  applicant  for  a 
renewal  or  endorsement  of  a  certificate,  or  for  the  issue  of  a  like 
grade  certificate,  shall  pay  for  the  privilege  of  such  examination, 
renewal,  endorsement  or  issue  of  like  grade  certificate,  a  fee  of 
one  dollar,  which  shall  be  collected  by  the  county  superintendent 
of  schools  and  forwarded,  with  his  report  of  each  examination, 
fo  the  superintendent  of  public  instruction. 

5993.  Disposition  of  fees.  , 

All  fees  thus  collected  and  remitted  to  the  superintendent  of 
public  instruction  shall  be  turned  over  to  the  state  treasurer  and 
shall  constitute  a  state  normal  institute  fund. 

5994.  Grades  of  certificates — record — first  class  district. 

The  certificates  issued  by  the  county  superintendent  shall 
be  of  three  grades,  distinguished  as  first,  second  and 
third.  The  first  grade  certificate  shall  be  valid  for  three  years 
and  may  be  renewed  by  the  county  superintendent  of  the  county 
in  which  it  was  issued;  the  second  grade  certificate  shall  be  valid 
for  eighteen  months,  the  third  grade  certificate  shall  be  valid  for 
nine  months;  Provided,  however.  That  not  more  that  two  certifi- 
cates of  the  same  grade  shall  be  issued  to  the  same  person.  A 
county  superintendent  may  upon  the  application  of  a  teacher 
holdiYig  a  first  grade  certificate  received  at  a  regular  examination 
in  another  county  in  the  state  and  in  full  force  at  the  time  issue 
to  said  teacher  a  certificate  of  like  grade;  Provided,  That  such 
certificate  shall  not  show  the  standing  in  each  branch  nor  be 
subject  to  renewal  but  shall  show  the  conditions  upon  which  it 
is  issued.  And  he  may  revoke  certificates  of  any  grade  at  any 
time,  for  immorality,  incompetency  or  other  just  cause.  It  shall 
be  deemed  a  violation  of  law  to  grant  certificates  of  any  of  the 
above  grades,  except  one  of  like  grade,  without  requiring  the 
applicant  to  pass  a  thorough  and  satisfactory  examination  in 
such  branches  and  at  such  times  as  are  specified  in  section  15  of 
this  act,  and  in  all  such  examinations  the  questions  prepared  by 
the  superintendent  of  public  instruction  shall  be  used.  In  case 
a  certificate  is  revoked  or  refused  by  the  county  superintendent. 
the  right  of  appeal  to  the  stale  board  of  education  shall  not  be 
denied  the  teacher  or  applicant,  if  said  appeal  be  taken  within 


98  SCHOOL    LAWS    OF 

thirty  days  from  date  of  notice  of  such  revocation  or  refusal. 
The  county  superintendent  shall  keep  an  official  record  in  a  suit- . 
able  book  of  the  persons  so  examined,  containing  the  names,  age, 
nativity,  date  of  examination  and  grade  of  certificate  issued ;  he 
shall  also  retain  for  three  months  the  written  answers  of  all 
applicants  at  the  regular  examinations  and  hold  the  same  subject 
to  the  order  of  the  state  board  of  education;  Provided,  further, 
That  in  a  school  district  of  the  first  class  the  examination  may 
be  conducted  by  the  school  board  of  such  district  in  such  manner 
and  at  such  times  as  the  board  may  determine,  who  shall  have 
power  to  issue  district  certificates  of  the  same  grades  and  under 
the  same  conditions  as  are  specified  in  sections  15  and  16  of  this 
chapter,  said  certificates,  however,  shall  be  reported  to  the  county 
superintendent,  who  shall  keep  a  record  of  the  same  and  shall  be 
valid  only  in  the  district  where  issued.  Such  boards  may,  however, 
if  they  see  fit,  issue  certificates  without  examinations  to  high 
school  teachers  who  hold  satisfactory  evidence  of  adequate  train- 
ing for  the  work  they  are  to  do. 

[Section  15  above  referred  to  is  section  5991.] 
[Section  16  above  referred  to  is  section  5994.] 

5995.     Teachers  keep  register — disposition  of  register — failure  to  keep. 

It  shall  be  the  duty  of  the  teacher  of  every  public 
school  in  this  state,  to  keep,  in  a  neat  and  business  like  manner, 
a  daily  register,  in  such  form  and  upon  such  blanks  as  shall  be 
prepared  by  the  superintendent  of  public  instruction.  At  the 
close  of  each  term  of  school,  not  to  exceed  four  months,  the 
teacher  shall  file  the  summary  in  such  register,  and,  in  ungraded 
schools,  file  the  register  with  the  secretary  of  the  district,  who 
shall  preserve  the  same;  in  graded  schools  the  register  aforesaid 
shall  be  filed  with  the  principal  or  superintendent  of  the  district, 
in  which  case  said  principal  or  superintendent  shall  make  an 
abstract  of  the  summaries  of  all  such  registers  upon  blanks  pre- 
pared by  the  superintendent  of  public  instruction,  and  file  the 
same  with  the  secretary,  which  shall  also  be  preserved.  The 
teacher,  principal  or  superintendent,  as  the  case  may  be,  who  is 
in  charge  of  the  last  term  of  school  in  any  school  year,  shall  file 
with  the  secretary  a  summary  of  the  statistics  for  the  year,  as 
shown  by  the  summarized  reports  of  all  the  terms  during  the 
year.  The  principal  teacher  of  every  public  school,  within  one 
week  after  the  beginning  of  each  term,  shall  notify  the  county 
superintendent  of  the  date  of  such  beginning  and  the  proposed 
length  of  the  term.  Nothing  in  this  section  shall  be  construed 
to  prohibit  any  district  board  from  requiring  teachers,  principals 
and  superintendents  to  keep  any  additional  registers  and  records 
of  statistics  which  such  board  may  deem  desirable.  Until  the 


THE    STATE    OF    COLORADO.  99 

registers,  summaries  and  abstracts  herein  above  described  have 
been  filed,  as  aforesaid,  it  shall  be  unlawful  for  the  officers  of 
any  district  to  draw  a  warrant  for  the  last  month's  salary  of  any 
teacher,  principal  or  superintendent,  whose  duty  it  is  to  make 
and  file  such  register,  summary  or  abstract.  All  blanks  required 
in  the  execution  of  this  section  shall  be  supplied  by  the  superin 
tendent  of  public  instruction  to  county  superintendents,  and  by 
them  to  district  secretaries. 

5995a.     Teacher  report  defectiveness. 

Every  teacher  in  the  public  schools  shall  report  the  mental, 
moral  and  physical  defectiveness  of  any  child  under  his  super- 
vision, as  soon  as  such  defectiveness  is  apparent,  to  the  principal, 
or,  where  there  is  no  principal,  to  the  county  superintendent. 
Such  principal  or  county  superintendent  shall  promptly  notify 
the  parents  or  guardian  of  each  child  found  to  be  defective,  of 
the  child's  defectiveness,  and  shall  recommend  to  such  parents 
or  guardian  that  such  child  be  thoroughly  examined  as  soon  as 
possible  by  a  competent  physician  or  surgeon,  with  special  refer- 
ence to  the  eyes,  ears,  nose,  throat,  teeth  and  spine.  If  the 
parents  or  guardian  of  such  child  shall  fail,  neglect  or  refuse 
to  have  such  examination  made  and  treatment  begun  within  a 
reasonable  time  after  such  notice  has  been  given,  the  said  prin- 
cipal or  superintendent  shall  notify  the  state  bureau  of  child 
and  animal  protection  of  the  facts;  Providing,  however,  That 
whenever  it  shall  be  made  to  appear  to  the  said  principal  or 
superintendent,  upon  the  written  statement  of  the  parent  or 
guardian  of  said  child,  that  such  parent  or  guardian  has  not  the 
necessary  funds  wherewith  to  pay  the  expenses  of  such  examina- 
tion and  treatment,  the  said  principal  or  superintendent  shall 
cause  such  examination  and  treatment  to  be  made  by  the  county 
physician  of  the  district  wherein  said  child  resides;  and  it  sliall 
be  the  duty  of  such  county  physician  to  make  such  examination 
and  treatment,  and  if  he  be  unable  to  properly  treat  such  child 
he  shall  forthwith  report  such  fact  to  the  county  commissioners 
of  the  county,  with  his  recommendation.  [L.  '09,  p.  490,  §2. 

5995b.     Teachers'  retirement  fund  under  control  of  directors. 

In  every  school  district  of  the  first  class  there  may  be 
created  a  school  teachers'  retirement  fund,  which  shall  be  con- 
trolled by  the  board  of  school  directors  of  the  school  district 
concerned.  [L.  '09,  p.  512,  §1. 

5995c.     Payable  to  whom. 

The  board  of  directors  in  any  such  district  is  hereby  au- 
thorized to  establish  a  public  school  teachers'  retirement  fund, 


100  SCHOOL    LAWS    OF 

and  shall  be  authorized  to  pay  out  of  such  fund  a  sum  not  to 
exceed  forty  dollars  ($40)  per  month  to  any  man  teacher  sixty 
years  of  age  or  any  woman  teacher  fifty-five  years  of  age,  who 
has  been  in  active  service  as  a  teacher  for  a  period  of  twenty-five 
years,  of  which  not  less  than  fifteen  years  shall  have  been  within 
said  school  district. 

The  board  of  school  directors  of  any  such  district  may  also, 
subject  to  the  above  limitations,  make  provisions  for  such  teach- 
ers as  may  become  permanently  incapacitated  from  teaching, 
while  in  the  service  of  the  district;  Provided,  however,  That  the 
said  beneficiary  shall  have  served  in  the  school  district  for  a 
period  of  not  less  than  ten  years. 

Any  teacher  of  such  school  district  coming  under  the  pro- 
visions of  this  act  who  may,  by  making  application,  or  by  action 
of  the  board  of  school  directors,  be  entitled  to  receive  the  benefit 
from  the  public  school  teachers'  retirement  fund  as  provided  for 
in  this  act  shall  not  be  entitled  to  receive  benefit  while  drawing 
a  salary  as  a  teacher  in  active  service.  [L.  '09,  p.  512,  §2. 

5995d.     Mode  of  securing  fund. 

The  moneys  for  the  use  of  the  public  school  teachers'  retire- 
ment fund  shall  be  secured  by  a  special  levy  upon  the  said  school 
district,  such  special  levy,  however,  not  to  exceed  one-tenth  (1-10) 
of  one  mill,  and  from  any  gifts  or  bequests  which  may  be  made 
to  said  fund.  [L.  '09,  p.  513,  §3. 

TEACHERS'    INSTITUTES. 
5996.      Institute  districts — meetings — normal  institute  fund. 

For  the  purpose  of  organizing  and  maintaining  teachers' 
normal  institutes,  the  state  shall  be  divided  into  the  follow- 
ing institute  districts,  viz.:  The  counties  of  Sedgwick,  Phillips, 
Logan,  Yuma,  Washington  and  Morgan  to  constitute  normal 
district  No.  one  (1).  The  counties  of  Weld,  Larimer  and 
Boulder  to  constitute  normal  district  No.  two  (2).  The  county 
of  Arapahoe  to  constitute  normal  district  No.  three  (3).  The 
counties  of  Gilpin,  Clear  Creek  and  Jefferson  to  constitute  nor- 
mal district  No.  four  (4).  The  counties  of  Douglas,  Elbert  and 
El  Paso  to  constitute  normal  district  No.  five  (5).  The  counties 
of  Kit  Carson,  Lincoln  and  Cheyenne  to  constitute  normal  dis- 
trict No.  six  (6).  The  counties  of  Fremont,  Custer  and  Pueblo 
to  constitute  normal  district  No.  seven  (7).  The  counties  of  Ki- 
owa,  Otero,  Bent,  Prowers  and  Baca  to  constitute  normal  district 
No.  eight  (8).  The  counties  of  Huerfano  and  Las  Animas  to 
constitute  normal  district  No.  nine  (9).  The  counties  of 
Saguache,  Oostilla,  Conejos  and  Kio  Grande  to  constitute  normal 


Till-:    STATE    OF    COLORADO.  101 

district  No.  ten  (10).  The  counties  of  La  Plata,  Montezuma, 
Archuleta,  Dolores  and  San  Juan  to  constitute  normal  district 
No.  eleven  (11).  The  counties  of  San  Miguel,  Ouray,  Hinsdale, 
Mesa,  Delta,  Montrose  and  Gunnison  to  constitute  normal  dis- 
trict No.  twelve  (12).  The  counties  of  Chaffee,  Lake,  Park,  Pit- 
kin,  Eagle,  Summit,  Garfield,  Routt,  Rio  Blanco  and  Grand  to 
Constitute  normal  district  No.  thirteen  (13.  Provided,  That  new 
counties  formed  within  the  limits  of  any  institute  district  shall 
be  a  part  of  said  district.  A  normal  institute  for  the  instruction 
of  teachers  and  those  desiring  to  teach  may  be  held  annually, 
for  a  term  of  not  less  than  two  weeks  in  each  normal  district  of 
the  state.  The  county  superintendents  of  each  institute  district 
shall  annually  select  not  more  than  three  of  their  number  as  an 
executive  committee,  who,  with  the  advice  and  consent  of  the 
superintendent  of  public  instruction  and  the  president  of  the 
slate  normal  school,  shall  determine  the  time  and  place  of  hold- 
ing such  normal  institute,  and  shall  select  a  conductor  and  in- 
structor for  the  same.  To  defray  the  expense  of  said  institute, 
the  executive  committee  shall  require  the  payment  of  one, dollar 
registration  fee  for  each  person  attending  the  normal  institute, 
and  each  county  superintendent  is  hereby  authorized  to  add  five 
per  cent,  to  the  average  standing  in  examination  of  teachers 
who  shall  attend  the  normal  institute  from  his  county.  When 
a  normal  institute  of  not  less  than  two  weeks  is  held  in  any 
institute  district  of  the  state,  the  executive  committee  in  charge 
shall  certify  to  the  boards  of  county  commisioners  of  the  several 
counties  within  the  district  the  number  and  names  of  the  per- 
sons attending  said  institute  from  their  respective  counties,  and 
it  shall  be  the  duty  of  the  board  of  county  commissioners  of  the 
county  where  such  persons  belong,  to  appropriate  the  sum  of  two 
dollars  for  each  person  so  certified.  The  funds  arising  from 
registration  fees  and  appropriations  of  county  commissioners 
shall  be  designated  the  "Normal  Institute  Fund,"  and  some 
county  treasurer,  whom  a  majority  of  the  county  superintendents 
of  the  district  shall  designate,  shall  be  the  custodian  of  said 
fund.  The  executive  committee  shall,  at  the  close  of  each  insti- 
tute, transmit  to  said  custodian  all  funds  received  by  it,  as  pro- 
vided in  this  section,  together  with  the  name  of  each  person 
paving  a  registration  fee.  The  executive  committee  shall  also  re- 
port to  the  several  boards  of  county  commissioners  in  the  dis- 
trict, the  name  and  address  of  the  custodian  of  the  "Normal  In- 
stitute Fund."  On  the  receipt  of  such  notice  the  several  boards 
of  county  commissioners  shall  issue  warrants  for  the  appropria- 
tions provided  in  this  section,  payable  to  the  said  custodian.  It 
shall  be  the  duty  of  the  superintendent  of  public  instruction, 
annually,  when  the  executive  committee  of  anv  normal  institute 


102  SCHOOL   LAWS   OF 

district  shall  certify  that  not  less  than  twenty  persons  have  paid 
the  registration  fee,  and  have  received  instructions  during  the 
session  of  the  institute,  to  certify  the  same  to  the  auditor  of 
state,  who  shall  forward  to  the  custodian  of  the  "Normal  Insti- 
tute Fund"  of  such  district  a  warrant  on  the  state  treasurer  for 
the  sum  of  fifty  dollars,  to  be  paid  out  of  any  money  appropri- 
ated for  that  purpose.  All  disbursements  of  the  "Normal  Insti- 
tute Fund"  shall  be  upon  the  order  of  the  executive  committee, 
and  no  order  shall  be  drawn  on  said  fund  except  for  claims  ap- 
proved by  said  committee  for  services  rendered  and  expenses 
incurred  in  connection  with  the  normal  institute.  It  shall  be 
unlawful  to  pay  any  one  from  the  institute  fund  for  services  as 
conductor  or  instructor  of  such  institute,  who  does  not  hold  a 
certificate  or  qualification  for  such  work,  issued  by  the  state 
board  of  education,  upon  the  recommendation  of  the  state  board 
of  examiners;  Provided,  That  a  member  of  the  state  normal 
school  faculty  shall  be  ex  officio  a  conductor  of  normal  institutes. 

[Apportionment  of  school  funds  for^normal  institute  districts.     Section  5892.J 

5997.  Mineral  county. 

Mineral  county  is  hereby  made  a  part  of  normal  institute 
district  number  ten.  , 

5998.  Teller  county. 

The  said  county  of  Teller  is  hereby  attached  to  and  made 
a  part  of  the  second  congressional  district,  the  third  senatorial 
district,  the  fourth  judicial  district  and  the  fifth  normal  institute 
district,  and  is  hereby  attached  to  El  Paso  county  for  representa- 
tive purposes. 

5999.  Adams  county. 

The  said  county  of  Adams  is  hereby  attached  to  and  made 
a  part  of  the  first  congressional  district,  the  thirteenth  judicial 
district  and  the  third  normal  institute  district. 

APPEALS. 

6000.  From  district  board  to  county  superintendent. 

Any  person  aggrieved  by  any  decision  or  order  of  the  district 
board  of  directors,  in  matter  of  law  or  fact,  may,  within  thirty 
days  after  the  rendition  of  such  decision  or  making  of  such  order, 
appeal  therefrom  to  the  county  superintendent  of  the  proper 
county. 


THE    STATE    OF   COLORADO.  103 

6001.  Affidavit  in  support. 

The  basis  of  the  proceeding  shall  be  an  affidavit,  filed  by  the 
party  aggrieved,  with  the  county  superintendent,  within  the  time 
for  taking  the  appeal. 

6002.  Contents  of  affidavit. 

The  affidavit  shall  set  forth  the  errors  complained  of  in  a 
plain  and  concise  manner. 

6003.  Superintendent  notify  secretary — transcript. 

The  county  superintendent  shall,  within  five  days  after 
the  filing  of  such  affidavit  in  his  office,  notify  the  secretary 
of  the  proper  district,  in  writing,  of  the  taking  of  such  appeal; 
and  the  latter  shall,  within  ten  days  after  being  thus  notified, 
file  in  the  office  of  the  county  superintendent  a  complete  tran- 
script of  the  record  and  proceedings  relating  to  the  decision  com- 
plained of,  which  shall  be  certified  to  be  correct  by  the  secretary. 

6004.'    Notice  to  parties. 

After  the  filing  of  the  transcript  aforesaid  in  his  office  he 
shall  notify,  in  writing,  all  persons  adversely  interested,  of  the 
time  and  place  where  the  matter  of  the  appeal  will  be  heard 
by  him. 

6005.  Hearing— oaths. 

At  the  time  thus  fixed  for  hearing  he  shall  hear  testimony 
for  either  party,  and  Tor  that  purpose  may  administer  oaths 
if  necessary,  and  he  shall  make  such  decision  as  may  be  just 
and  equitable,  which  shall  be  final,  unless  appealed  from,  as 
hereinafter  provided. 

6006.  Appeal  from  decision  of  county  superintendent — procedure. 

Any  person  or  district  board  aggrieved  by  any  decision 
or  order  of  the  county  superintendent  in  a  matter  of  law 
or  fact,  may,  within  thirty  days  after  the  rendition  of  such 
decision  or  making  of  such  order,  appeal  therefrom  to  the  state 
board  of  education,  in  the  same  manner  as  provided  in  this  act 
for  taking  appeals  from  the  district  board  to  the  county  superin- 
tendent as  nearly  as  applicable.  In  case  of  an  appeal,  where  a 
trial  has  been  had  before  the  county  superintendent  and  a  de- 
cision rendered,  the  state  board  of  education  shall  examine  a 
transcript  of  such  proceeding  and  render  a  decision  therefrom, 
but  no  new  testimony  shall  be  admitted.  In  other  cases  of 
appeal  the  said  board  may  require  of  the  parties  such  papers 
and  documents  as  may  be  thought  necessary,  they  may  issue 
subpoenas  and  compel  witnesses  to  attend  and  testify,  and  the 


104  SCHOOL    LAWS    OF 

said  board  shall  have  the  power  to  administer  oaths  through  its 
president.  The  decision  of  the  said  board,  or  a  majority  of  said 
board,  shall  be  rendered  by  the  president,  and  such  decision, 
when  made,  shall  be  final.  When  an  applicant  for  a  certificate 
at  a  regular  examination  shall  feel  aggrieved  at  the  decision 
of  the  county  superintendent,  and  shall  appeal  to  the  state  board 
of  education  the  questions  used  and  answers  given  shall  be 
examined  by  the  said  board,  and  if  the  decision  of  the  county 
superintendent  be  reversed,  the  state  board  of  education  shall 
issue  to  the  appellant  a  certificate  of  such  grade  as  the  answers 
shall  warrant;  Provided,  That  a  good  moral  character  and  suc- 
cess as  a  teacher  be  showrn. 

6007.  No  judgment  for  money. 

Nothing  in  this  act  shall  be  so  construed  as  to  authorize 
either  the  county  superintendent  or  the  state  board  to  render 
a  judgment  for  money;  neither  shall  they  be  allowed  any  other 
compensation  than  is  allowed  by  law.  All  necessary  postage 
must  first  be  paid  by  the  party  aggrieved. 

MISCELLANEOUS. 

6008.  Public  school  defined. 

A  public  school  is  hereby  defined  to  be  a  school  that  derives 
its  support  entirely,  or  in  part,  from  moneys  raised  by  a  general 
state,  county  or  district  tax. 

6009.  To  whom  schools  are  open.  . 

Every  public  school,  except  high  schools,  shall  be  open 
for  the  admission  of  all  children  between  the  ages  of  six  (6) 
and  twenty-one  (21)  years,  residing  in  that  school  district  during 
at  least  four  school  months  in  each  year,  and  the  school  board 
shall  have  power  to  admit  adults,  and  children  not  residing  in 
the  district,  if  they  see  fit  so  to  do,  and  to  fix  the  terms  of  such 
admission. 

6010.  Schools  to  be  taught  in  English — subjects  to  be  taught. 

The  public  schools  of  this  state  shall  be  taught  in  the 
English  language,  and  the  school  boards  shall  provide  to 
have  taught  in  such  schools  the  branches  specified  in  section 
fifteen  of  said  chapter,  and  such  other  branches  of  learning  in 
other  languages  as  they  may  deem  expedient,  including  hygiene, 
with  special  reference  to  the  effects  of  alcoholic  stimulants  and 
narcotics  upon  the  human  body;  and  shall  cause  to  be  given  in 
each  school  week  two  lessons  of  not  less  than  ten  minutes  dura- 


THE    STATE    OF    COLORADO.  105 

tion  each  on  the  subject  of  humane  treatment  to  animals  (and 
whenever  the  parents  or  guardians  of  twenty  or  more  children 
of  school  age  shall  so  demand,  the  board  of  such  school  district 
may  procure  efficient  instructors  and  introduce  the  German  and 
Spanish  languages,  or  either  of  them,  and  gymnastics,  as  a 
branch  of  study  into  such  school;  and  said  district  board  may, 
upon  like  demand  of  the  parents  and  guardians  of  children  of 
school  age,  procure  efficient  instructors  to  teach  the  branches 
specified  in  said  section  fifteen,  in  the  German  and  Spanish  lan- 
guages, or  in  either  of  said  languages,  as  said  board  may  direct). 

[Section  15  referred  to  above  is  section  5991.] 

[State  board  of  health  may  prescribe  text  book  on  hygiene.    Section  5010.] 

6011.  Effect  of  use  of  alcohol  to  be  taught. 

That  the  nature  of  alcoholic  drinks  and  narcotics,  and 
special  instruction  as  to  their  effects  upon  the  human  sys- 
tem, in  connection  with  the  several  divisions  of  the  subject  of 
physiology  and  hygiene,  shall  be  included  in  the  branches  of 
study  taught  in  the  public  schools  of  the  state,  and  shall  be 
studied  and  taught  as  thoroughly,  and  in  the  same  manner  as 
other  like  required  branches  are  in  said  schools,  by  the  use  of 
text  books,  designated  by  the  board  of  directors  of  the  respective 
school  districts,  in  the  hands  of  pupils  where  other  branches  are 
thus  studied,  in  said  schools,  and  by  all  pupils  in  all  said  schools 
throughout  the  state. 

6012.  Same — failure  to  teach. 

That  it  shall  be  the  duty  of  the  proper  officers,  in  control 
of  any  school  described  in  the  foregoing  section,  to  en- 
force the  provisions  of  this  act;  and  any  such  officer,  school 
director,  committee,  superintendent  or  teacher,  who  shall  refuse, 
fail  or  neglect  to  comply  with  the  requirements  of  this  act,  or 
shall  neglect,  refuse  or  fail  to  make  proper  provisions  for  the 
instruction  required,  and  in  the  manner  specified  by  the  first 
section  of  this  act,  for  all  pupils  in  each  and  every  school  under 
his  or  her  jurisdiction,  shall  be  removed  from  office,  and  the 
vacancy  filled  as  in  other  cases. 

6013.  School  year — school  month — school  week — school  day — holidays. 

The  school  year  shall  begin  on  the  first  day  of  July, 
and  end  on  the  thirtieth  day  of  June.  A  school  month  shall  be 
four  weeks,  a  school  week  five  days,  and  a  school  day  shall  not 
exceed  six  hours,  excluding  the  lime  of  intermission  at  noon. 
The  term  "National  Holidays"  in  this  chapter  shall  be  construed 
to  mean  Thanksgiving  day,  Christmas  day.  New  Year's  day. 


106  SCHOOL   LAWS    OF 

Washington's  birthday,   Decoration  day,   Labor  day,    and    the 
fourth  day  of  July. 

6014.     School  census — school  age. 

A  school  census  is  hereby  defined  to  be  a  census  embracing 
all  persons  between  the  ages  of  six  and  twenty-one  years.  School 
age  is  hereby  defined  to  be  any  age  over  six  and  under  twenty- 
one  years. 

[Compulsory  education  of  children.    Sections  530-546.] 
[Penalty  for  hazing-  in  schools.   Sections  1661-1665.] 

STATE    NORMAL    SCHOOLS. 
6125.     School  established  at  Greeley. 

A  state  normal  school  is  hereby  established  at  or 
near  the  city  of  Greeley,  in  the  county  of  Weld  and  state  of  Colo- 
rado, the  purpose  of  which  shall  be  instruction  in  the  science  and 
art  of  teaching,  with  the  aid  of  a  suitable  practice  department, 
and  in  such  branches  of  knowledge  as  shall  qualify  teachers  for 
their  profession.  *  *  * 

6128.  County  treasurer  keep  separate  accounts — warrants — application  of 

tax. 

It  shall  be  the  duty  of  every  county  treasurer  in  the 
state  to  keep  separate  accounts  of  all  money  so  collected  in  pur- 
suance of  this  act,  and  to  transmit  the  same  to  the  state  treasurer 
monthly  as  a  separate  fund,  for  the  exclusive  use  of  said  institu- 
tion, and  the  state  auditor  shall,  upon  the  order  of  the  president 
of  the  board  of  trustees  of  such  institution,  countersigned  by  the 
secretary,  draw  his  warrant  upon  said  fund  in  favor  of  the  treas- 
urer of  said  institution.  The  taxes  so  collected  and  paid  to  the 
treasurer  of  said  institution  shall  be  applied  exclusively  to  the 
support,  use  and  benefit  of  said  institution,  for  the  payment  of 
salaries  and  expenses  thereof,  and  the  erection,  maintenance  and 
completion  of  such  buildings  as  shall  be  determined  upon  by  the 
board  of  trustees  of  said  institution. 

6129.  Board  of  trustees — powers. 

Said  schools  shall  be  under  the  control  of  a  board  of 
six  trustees;  the  said  board  shall  be  and  is  hereby  declared  a 
body  corporate  by  the  name  and  style  of  "The  Trustees  of  the 
State  Normal  School,"  and  as  such  and  by  its  said  name  may 
hold  property  for  the  use  of  said  school,  be  party  to  all  suits  and 
contracts,  and  do  all  things  thereto  lawfully  appertaining,  in  like 
manner  as  municipal  corporations  of  this  state.  The  said  trus- 
tees and  their  successors  in  office  shall  have  perpetual  succes- 


THE    STATE    OP    COLORADO.  107 

sion,  shall  have  a  common  seal,  and  may  make  by-laws  and  reg- 
ulations for  the  well  ordering  and  government  of  the  said  corpo- 
ration and  its  business  not  repugnant  to  the-  constitution  and 
laws  of  the  state. 

6130.     Trustees — appointment — term — oath. 

The  governor  shall,  upon  the  approval  of  this  act, 
appoint,  by  the  advice  and  with  the  consent  of  the  senate,  the  six 
trustees  mentioned  and  provided  in  this  act,  two  of  whom  shall 
be  appointed  for  the  term  of  two  years,  two  for  the  term  of  four 
years  and  two  for  the  term  of  six  years.  Their  terms  of  office 
shall  begin  from  their  appointment  and  qualification,  and  shall 
continue  for  the  period  for  which  they  shall  be  so  appointed,  and 
until  their  successors  are  appointed  and  qualified.  Every  two 
years  after  the  first  appointment  aforesaid,  two  trustees  shall  be 
appointed  in  like  manner  to  succeed  those  whose  terms  are  first 
thereafter  to  expire.  Every  trustee  so  appointed  shall  take  and 
subscribe  the  oath  of  office  prescribed  by  the  constitution  of  this 
state  before  entering  upon  the  duties  of  his  office,  which  oath 
shall  be  placed  and  kept  on  file  in  the  office  of  the  secretary  of 
state.  The  superintendent  of  public  instruction  shall  be  ex- 
officio,  a  member  of  the  board  of  trustees  of  the  said  state  normal 
school. 


APPENDIX 


Forms  for  the  Use  of  School  Officers 
and     Teachers 


NO.   1.     OATH   OF  SCHOOL   OFFICERS. 


State  of  Colorado, 
County  of   


I, ,  do  solemnly  swear  (or  affirm)  that  I  will 

faithfully  perform  the  duties  of of  school  district 

No ,  in  the  county  of to  the  best  of  my  skill 

and  ability;  and  that  I  will  carefully  keep  and  preserve  all  rec- 
ords, books  and  other  property  of  the  said  district  that  may 
come  into  my  hands,  and  deliver  the  same  to  my  lawful  succes- 
sor in  office;  and,  further,  that  I  will  support  the  constitution 
of  the  United  States  and  constitution  of  this  state,  and  the 
laws  of  this  state,  made  in  pursuance  hereof;  so  help  me  God. 

C D [Seal] 

Subscribed  and  sworn  to  before  me  this day 

of 190.  .. 

E F 

Remarks — The  foregoing  oath  should  be  taken  before  a  county  su- 
perintendent, notary  public,  justice  of  the  peace,  or  some  officer  duly 
authorized  by  law  to  administer  oaths.  The  county  superintendent's 
oath  should  be  filed  with  the  county  clerk  within  thirty  days  after  his 
election,  and  the  oath  of  district  officers  should  be  filed  with  the  county 
superintendent  within  thirty  days  after  their  election. 


NO.  2.     COUNTY   SUPERINTENDENT'S   BOND. 

Know  all  men  by  these  presents,  That  we,  A 

B C D and  E 

F of  the  I'.'mnty  of  and  state  of  Colo- 
rado, are  held  and  lirinly  bound  unto  the  people  of  the  state 
of  Colorado,  in  the  full  and  just  sum  of dollars,  law- 
ful money  of  the  United  States,  to  which  payment,  well  and 
truly  to  be  made,  we  bind  ourselves  jointly  and  severally,  our 
joint  and  several  heirs,  executors  and  administrators,  firmly  by 
these  presents. 


112  SCHOOL    LAWS    OF 

In  witness  Whereof,  We  have  hereunto  set  our  hands  and 
seals  this day  of ,  A.  D.  190. . . 

The  condition  of  the  foregoing  obligation  is  such,  That, 

whereas,  the  above  bounden  A B was, 

on  the  ....  day  of ,  A.  1).  190.  . .,  duly  elected  (or 

appointed,  if  that  be  the  case)  county  superintendent  of  schools 
of  the  county  aforesaid,  for  the  term  of ; 

Now,  therefore,  if  the  said  A B 

shall  faithfully  perform  all  the  duties  of  said  office,  according 
to  the  laws  which  now  are,  or  may  hereafter  be  in  force,  and 
shall  -render  a  just  and  true  account  of  all  money  or  other  prop- 
erty which  may  come  into  his  hands  or  under  his  control  as  su- 
perintendent of  the  schools  of  said  county,  and  shall  deliver 
over  to  his  successor  in  office  all  moneys,  books,  papers  and  prop- 
erty in  his  hands  as  such  county  superintendent,  then  this  obliga- 
tion shall  be  void ;  otherwise  it  shall  remain  in  full  force. 

A B [Seal] 

C D [Seal] 

E F [Seal] 

Signed,  sealed  and  delivered  in  the  presence  of 

L M 

O..  P.. 


Remarks — The  penal  sum  named  in  the  bond  is  to  be  fixed  by  the 
board  of  county  commissioners,  but  in  no  case  shall  the  sum  be  less 
than  $2,000. 


NO.  3.      PETITION   OF  PARENTS  AND  GUARDIANS  WHO   DESIRE  TO 

FORM   A   NEW   DISTRICT  FROM    PARTS  OF  ONE 

OR    MORE   OLD  ONES. 


To 


County  Superintendent  of  Schools,   County : 


We,  the  undersigned,  residents  of  district  (or  districts)  No. 

,  respectfully  represent  that  we  desire  to  form  a  new 

district,  with  boundaries  as  follows,  viz. :  [Here  describe  the  pro- 
posed bounds,  following  government  lines  as  far  as  practicable.] 
We  further  declare  that,  collectively,  we  are  the  parents  or  guar- 
dians of  at  least  ten  children  of  school  age,  and  we  hereby  cer- 
tify that  the  list  of  names  of  persons  of  school  age  which  is  at- 


THE    STATK    OF    COLORADO. 


11  ."> 


tachcd  lo  and  made  a  part  of  this  petition,  is  a  correct  list  of  all 
such  persons  residing  in  the  proposed  district. 


NAMK. 


XAMKS  OF   1'KRSONS  OF   SCHOOL   AGK. 


Remarks— Give  postoffice  address  of  some  or  all  signers.  The  list 
of  children  should  be  carefully  filled  up  by  some  person  interested  in 
the  change  before  the  paper  is  circulated  for  signatures. 


NO.   4. 


ORDER    DIRECTING    A    PETITIONER    TO    GIVE    NOTICE    OF 
MEETING  TO   FORM    NEW    DISTRICT. 


Countv 


Office  of 

Superintendent   of    Schools, 
County,  Colorado. 


To  C. . 


I) 


Von  are  hereby  notified  that  I  have  received  a  petition 
signed  by  yourself  and  others,  informing  me  that  you  desire  to 
form  a  new  school  district  of  the  territory  described  as  follows, 
to  wit:  [Description  as  above.]  In  order  that  the  wishes  of 
the  residents  of  said  proposed  district  may  be  ascertained,  yon 
will  please  notify,  by  personal  service  as  far  as  convenient,  each 
elector  residing  therein,  and  also  post  notices  in  three  public 
places  (one  of  which  shall  be  the  place  of  meeting)  that  such  a 


114  .  SCHOOL    LAWS    OF 

petition  has  been  made,  and  that  a  meeting  will  be  held,  naming 
the  time  and  place  of  such  meeting,  to  determine  whether  such 
district  shall  be  formed.  You  will,  also,  please  notify  me  by 
mail  of  the  time  and  place  of  such  meeting. 

Kespectfully  yours, 


County  Superintendent. 

Remarks — In  the  formation  of  a  new  district,  every  step  should  be 
strictly  in  accordance  with  the  law. 

The  notices  posted  should  contain  a  clear  description  of  the  pro- 
posed district. 


NO.  5.     NOTICE   FOR  A  MEETING  TO  ORGANIZE  A  NEW   DISTRICT. 

SCHOOL  DISTRICT  MEETING. 

To  all  whom  it  may  concern: 

Whereas,  It  is  proposed  to  organize  a  new  school  district  in 

that  part  of County  described  as  follows, 

to-wit:     [Description.]     Notice  is  hereby  given,  as  per  direction 

of  the  county  superintendent  of  public  schools  of  said  county, 
that  a  meeting  of  the  electors  residing  within  the  boundaries 

aforesaid  will  be  held  at on  the day 

of  ,  A.  D.  190. . .,  at o'clock 

....  m.,  when  a  vote  will  be  taken  by  ballot  on  the  question 
whether  or  not  the  proposed  district  shall  be  organized.  If  the 
vote  shall  b.e  in  the  affirmative,  a  board  of  directors  will  then  be 
elected. 

By  order  of County  Superin- 
tendent of  Schools. 

C D..... 

Dated ,  190... 

Remarks — After  the  organization,  a  copy  of  the  notice  and  of  the 
proceedings  of  the  meeting  should  be  sent  to  the  county  superintendent. 

The  ballot  box  should  be  kept  open  long  enough  to  give  every 
elector  an  opportunity  to  vote — never  less  than  three  hours. 

If  the  proceedings  were  in  accordance  with  the  law,  the  county 
superintendent  should  number  and  record  the  district,  and  notify  the 
secretary  of  his  action. 


THE    STATE    OF    COLORADO.  115 

NO.  6.     BOND  TO   BE  GIVEN   BY  THE  SECRETARY  OR  TREASURER 
OF   EACH   SCHOOL   DISTRICT. 

State  of  Colorado,     ) 
County  of j 

Know  all  men  by  these  presents,  That  we,  A 

B principal,  and  O ,  D .  . : , 

and  E ,  F ,  sureties,  are  held  and  firmly 

bound  unto  School  District  No ,  in  the  County 

of ,  state  of  Colorado,  in  the  full  sum 

of dollars,  lawful  money  of  the  United 

States,  to  which  payment,  well  and  truly  to  be  made,  we  bind 
ourselves  jointly  and  severally,  our  joint  and  several  heirs,  execu- 
tors and  administrators,  firmly  by  these  presents. 

In  witness  Whereof,  We  have  hereunto  set  our  hands  and 

seals  this  day  of A.  D. 

190... 

The  condition  of  the  foregoing  obligation  is  such,  That, 

whereas,  the  above  bounden  A B was, 

on  the day  of  A.  D.  190 

duly  elected  (or  appointed)  Secretary  (or  Treasurer)  of  School 

District  No ,  in  the  county  of and  state 

of  Colorado,  for  the  term  of  

Now,  therefore,  If  the  said  A and  B 

shall  faithfully  discharge  all  the  duties  of  said  office,  according 
to  the  laws  which  now  are,  or  which  may  hereafter  be  in  force, 
and  shall  faithfully  apply  all  moneys  which  may  come  into  his 
hands  by  virtue  of  said  office,  and  shall  deliver  over  to  his  suc- 
cessor in  office  all  moneys,  books,  papers  and  property  in  his 
hands  as  said  officer,  within  ten  days  after  the  same  shall  have 
been  demanded  by  such  successor,  then  this  obligation  shall  be 
void ;  otherwise  it  shall  remain  in  full  force. 

A B [Seal] 

C D [Seal] 

E F [Seal] 

Signed,  sealed  and  delivered  in  presence  of 

L M 

X.  Y.. 


Remarks — The  penal  sum  named  in  the  above  bond  should  be  at 
least  twice  the  amount  likely  to  be  in  the  hands  of  the  officer  at  any  one 
time  during  the  term  of  office. 

The  bond  must  be  filed  with  the  county  superintendent 


116  SCHOOL    LAWS    OF 

NO.  7.     REQUEST  TO  BE   MADE   BY  TEN    LEGAL  VOTERS  OF  A  DIS- 
TRICT TO  THE   BOARD  OF   DIRECTORS,   FOR  THE 
CALLING  OF  A  SPECIAL   MEETING. 

To  the  Board  of  Directors  of  School  District  No .in 

'. . County,  Colorado  : 

The  undersigned,  legal  voters  of  school  district  No 

in •. County,  Colorado,  request  you  to  call 

a  special  meeting  of  said  district  for  the  purpose  of 

Dated  this  .  .  day  of  .  .  A.  D.  190.  . 


NAME. 


NO.  8.      NOTICE   OF   SPECIAL   MEETING. 

Notice — A  special  meeting  of  the   legal   voters    of    School 

District  No ,  in  the  county  of ,  called  on 

the  written  request  of  ten  legal  voters  (or  called  by  the  district 
board,  as  the  case  may  be),  will  be  held  at  (the  district  school 

house  or  other  place)   on  the   day  of 

,  190.  . .,  at o'clock  (p.  m.j, 

for  the  purpose  of  (here  specify  every  item  of  business  that  is  to 
be  brought  before  the  meeting) . 

A B 

Posted ,  190 ...  Secretary. 

Remarks — This  notice  should  be  posted  at  least  twenty  days  previ 
ous  to  the  meeting,  in  three  separate  public  places  within  the  district, 
and  a  copy  furnished  to  the  teachers  of  each  school  in  the  district,  to  be 
read  once  in  the  presence  of  the  pupils. 

Business  not  specified  in  this  notice  can  never  be  lawfully  trans 
acted  at  such  special  meeting. 


Till:    STATI-:    OF    COLORADO.  117 

NO.  9.     NOTICE   OF   ANNUAL   MEETING. 

Notice  is  hereby  given,  That  the  annual  meeting  of  the  legal 

voters  of  school  district  No ,  in  the  county 

of  ,  will  be  beld  (at  the  school  house  or 

other  place)  on  Monday,  the day  of  May, 

!!)()...,  for  the  purpose  of  electing  (one  or  more)  directors,  as 
provided  by  law. 

The  ballot  box  will  be  opened  at  the  hour  of m., 

and  closed  at  the  hour  of in.,  and  at m.  the 

meeting  will  be  organized  for  the  transaction  of  any  other  busi- 
ness pertaining  to  scho61  interests  that  may  be  brought  before  it. 


Secretary  of  School  District  No 

County  of 

Posted  April 190.  .. 

Remarks — The  secretary  of  the  district  should  give  at  least  six 
days'  previous  notice  of  the  regular  meetings  of  the  district  (see  section 
5918),  and  should  post  the  notices  and  furnish  a  copy  to  the  teachers  in 
the  same  manner  as  for  special  meetings. 


NO.    10.      RECORDING     PROCEEDINGS    OF    A    MEETING    HELD    FOR 
THE  PURPOSE  OF  ORGANIZING  A  NEW  SCHOOL  DISTRICT. 

190.  .  . 

On  the  .....  day  of 190 ....  a  petition,  of 

which  the  following  is  a  true  copy,  was  made  to  X 

Y county  superintendent  of  public  school  of 

County,  to-wit:  (Here  copy  the  petition.)  W^ere- 

upon  the  said  county  superintendent  issued  an  order,  of  which 
the  following  is  a  copy,  to-wit:  (Here  insert  copy  of  the  order.) 
In  obedience  to  which  order  the  following  notice  was  posted, 
as  required  by  section  5907  of  the  school  law,  to-wit :  (Here  insert 
a  copy  of  the  notice.) 

In  pursuance  of  the  above  notice,  the  electors  of  the  pro- 
posed new  school  district  assembled  at at 

o'clock  . .  .  m.  The  meeting  was  called  to  order  by  A 

B ,  and,  on  motion,  C D 

was  elected  chairman,  and  E F secre- 
tary. On  motion,  G H was  elected  to 

act  with  the  chairman  and  secretary  as  judges  of  election.  On 

motion  of  K L the  electors  began  to 

vole  by  ballot  upon  the  question  of  forming  a  new  school  dis- 
trict. The  ballot  box  remained  open  for  the  reception  of  votes 
from  ....  o'clock  .  .  .  m.,  until  ....  o'clock  .  .  .m.  Upon  count- 


118  SCHOOL   LAWS   OF 

ing  the  ballots  it  was  found  that ballots  were  cast, 

of  which were  in  favor  of  the  organization  and 

against. 

On  motion  of  J K ,  the  meeting 

proceeded  to  elect,  by  ballot,  a  board  of  directors.  The  follow- 
ing are  the  names  of  the  persons  voting:  (Here  record  the  names 
of  persons  voting.)  The  ballot  resulted  in  the  election  of 

C D president;   E F 

secretary,  and  G H treasurer,  etc.,  etc. 

On  motion  of  O D the  meeting  ad- 
journed sine  die. 

C D , 

'  Chairman. 

Attest:  E F , 

Secretary. 

Remarks — A  copy  of  the  proceedings  should  be  sent  to  the  county 
superintendent,  together  with  the  certificate  of  some  elector,  that  the 
notice  of  the  meeting  was  posted  in  three  public  places,  as  required  by 
law.  The  person  who  posted  the  notice  should  sign  the  certificate  of 
posting. 

If  the  district  is  formed  from  unorganized  territory,  the  secretary 
must  send  with  this  report  a  certified  list  of  the  names  of  persons  of 
school  age  residing  in  the  district. 

A  permanent  record  of  the  proceedings  should  be  made  in  the  secre- 
tary's books. 


NO.    11.      RECORDING    PROCEEDINGS   OF   A    REGULAR    OR    SPECIAL 
MEETING  OF  THE   DISTRICT. 

The  regular  (or  special,  as  the  case  may  be)  meeting  of  school 

district  No in county,  Colorado,  convened 

at ,  at  ....  #'clock  (p.  m.),  pursuant  to  previous 

notice  given  by  the  district  secretary. 

The  meeting  was  called  to  order  by  the  president. 

The  secretary  being  absent,  on  motion  of  Mr.  A 

C D was  elected  secretary  pro  tern. 

Mr.  S  moved  that  a  tax  of  two  mills  on  the  dol- 
lar be  voted  for  the  purpose  of  building  a  school  house  for  the 
district. 

Mr.  F  moved  to  amend  by  striking  out  "two" 

and  inserting  "five,"  which  was  agreed  to,  and  the  motion  as 
amended  was  decided  in  the  affirmative. 

Mr.  D moved  that  a  tax  of  one  mill  on  the  dollar 

be  levied  for  the  purpose  of  defraying  the  contingent  expenses 
of  the  district. 

Motion"  carried. 


THE    STATE    OF    COLORADO.  119 

On  motion  of  Mr.  F the  meeting  adjourned 

x///r  die. 

L M , 

President. 

Attest :    C D , 

Secretary. 

Remarks — Forms  10  and  11  are  given  with  a  view  of  assisting  the 
inexperienced.  Persons  familiar  with  such  duties  may  vary  the  form, 
provided  that  the  proceedings  are  accurately  recorded. 

Much  depends  on  the  record  of  the  proceedings  of  the  district  meet- 
ing; hence  it  should  be  correctly  made  and  carefully  preserved. 

Under  the  law,  the  voting  of  a  tax  for  any  purpose  must  be,  in  each 
year,  "On  or  before  the  day  designated  by  law  for  the  county  commis- 
sioners to  levy  the  requisite  taxes  for  the  then  ensuing  year,"  and  school 
boards  certify  the  same  to  the  county  commissioners. 


NO.     12.     COUNTY    SUPERINTENDENT'S     NOTICE    OF    APPORTION- 
MENT TO  THE    DISTRICT  SECRETARY. 

Office  of 

County,  Superintendent  of  Schools, 
County,  Colorado. 

To  A B , 

You  are  hereby  notified  that  I  have  this  day  apportioned  to 

your  district  the  sum  of  dollars,  of  the  general  school 

fund,  which  amount  has  been  placed  to  the  credit  of  your  dis- 
trict on  the  books  of  the  county  treasurer. 

Secretary  of  School  District  No 

In  .  .   Countv: 


County  Superintendent. 

Remarks — This  notice  should  be  sent  immediately  after  each  appor- 
tionment. 


NO.   13.      FORM    OF  TEACHER'S  CONTRACT  WITH    DISTRICT 

BOARD. 

TEACHER'S  CONTRACT. 

STATE  OF  COLORADO. 


M  .................................. 

At  a  meeting  of  the  board  of  directors,  held  this  ......  day 

of  ................  ,  190  .  .  .  ,  y6u  were  appointed  to  teach  in  the 

public  schools  of  District  No  ...........  for  the  terms  beginning 


120  SCHOOL    LAWS    OF 

and  ending  with  the  school  month  of , 

at  a  salary  of dollars  (f )  per  school  month, 

payable  monthly  in  warrants  on  the  county  treasurer  as  pro- 
vided for  in  sections  5934,  5901,  school  law. 

The  conditions  of  this  appointment  are,  that  you  will  faith 
fully  observe  the  rules  and  regulations  adopted  by  the  Board 
for  the  government  of  the  public -schools  of  this  district;  that 
you  will  exercise  due  diligence  in  the  preservation  of  school 
buildings,  grounds,  furniture,  apparatus,  books  and  other  school 
property ;  that  you  will  make  promptly  and  correctly  all  reports 
of  the  school  as  required  by  the  county  superintendent ;  that  you 
will  keep  a  correct  register  and  file  the  same  with  the  president 
or  secretary  of  the  board  or  the  principal  of  the  school,  at  the 
close  of  the  school  year  as  required  in  section  5995,  school  law; 

that  you  will  hold  a  legal  certificate  of  the grade, 

issued  or  approved  by  the  county  superintendent  of 

County.  The  board  reserves  the  right  to  increase  or  diminish 
the  number  of  months  of  school  that  shall  be  held  during  the 
terms  for  which  you  are  employed,  by  giving  at  least  fifteen  days- 
notice. 


By  the  President,   

Attest : ,  Secretary. 

I   hereby   accept   the   appointment   to   teach   in   the   public 

school  district  No ,   County,  on 

the  conditions  above  stated. 

Respectfully, 

.   Teacher. 


INDEX 


INDEX 


NOTE— Numbers  at  right  refer  to  sections  of  law  and  Constitution;  Roman 
numerals,    to    Constitution    only. 


ABSENCE—                                                                                                                           Section 
of   school   officer   works   vacancy 5934 

ACCOUNT— 

of  district  funds,   county  treasurer  render  statement 5900 

of  each  district  kept,  separate  by  county  treasurer 5901 

of  district  expenses  kept  by  secretary 5936 

of  warrants  issued  by  district  kept  by  district  treasurer 5940 

of  fines,    penalties   and   forfeitures v 5897 

ADJOURNMENT— 

school   board— meetings   of   v 5923 

of   district   meetings    5955 

ADMISSION— 

to  union   high   school    5969 

to  public    schools    6009 

ADULTS— 

admitted  to  public  schools,   when 6009 

AFFIDAVIT— 

on  appeal  to  superintendent— when  filed— contents 6001-6002 

in   case   of   appeals 6001-6002-6003 

of  secretary  to  census  list 5935 

AGE— 

deaf  mutes  included  in  school  census 5939 

of  pupils  in  deaf  and  blind  school 4334 

of  voter  at   school   election 5919 

of  children  entitled  to  attend  public  school 6009 

of  persons  in   school   census 5935-6014 

school   age  defined 6014 

ALCOHOLIC  DRINKS    AND   NARCOTICS— 

nature  and  effect  of,   taught  in  public  schools 6011 

study  of,  require  hygiene  and  physiology  in  schools 6011 

study  of,   enforced  by  school  officers— penalty 6012 

cigarettes— effect    of— taught— in    public   schools 6010 

ANIMALS— 

humane  treatment  of,  taught  in  public  schools 6010 

ANNEXATION— 

of  territory  to  district 590S 

ANNUAL  MEETING— 

for  election  of  members  of  school  board 5918 

of  state  board  of  education 5867 

ANNUAL  REPORT— 

of  county  superintendent  to  state   superintendent RSSO 

of  county   treasurer 5900 

of  district  secretary  to  county  superintendent 5936 

of  district    treasurer    5940 

of  school  board  to  county  superintendent 5925 

of   teacher    ...5995 


124  INDEX. 

APPEAL—  Section 

from  district  board   to  county   superintendent 6000 

/  affidavit .' 6001 

contents  of  affidavit    6002 

superintendent   notify   secretary— transcript 6003 

notice   to   parties 6004 

hearing   appeal— oaths    6005 

by  applicant  for  certificate  to  state  board 6006 

from  county  superintendent  to  state  board — procedure 6006 

taken  within  thirty   days— transcript 6006 

president  of  board  may  administer  oath  on 6006 

decision  of  board  final   on 6006 

no  judgment  for  money 6007 

to  state  board  of  education  by  teacher 5994 

from  county  superintendent  holding  child  not  instructed  at  home 530 

APPEALS— 

hearing— oaths 6005 

APPOINTMENTS— 

of  county  superintendent  in  case  of  vacancy 5878 

of  district   director  by   county   superintendent 5884 

by  board  in  first-class  districts 5925 

of  judges  and  clerks  of  election  in  first-class   districts 5918 

of  members  of  high  school  committee .59Hl-5977g 

APPORTIONMENT— 

of  general  fund— when  no  report  and  census  list  filed 5938 

of  state  normal   institute   fund 5892 

APPORTIONMENT   OF   SCHOOL   FUNDS— 

published 5881 

by  county  superintendent 5888 

in   July— basis .5889 

basis   of  all  apportionments 5889 

according    to    census 5890 

when   district  fails  to  report   census 5938 

first,   after  the   organization   of  new   district 5912 

of  money  from  unpaid  special  taxes  due  district  after  division 5912 

district  not  having  three  months  school  not  entitled  to 5891 

by  superintendent  of  public   instruction ."SS7 

ARBOR   DAT- 
see   "Holidays." 

ASSESSOR— 

see  "County  Assessor." 

ASSISTANT   LIBRARIAN— 
see   "Librarian." 

ATTENDANCE— 

at  night   school— equivalent   to   half    time 546 

of  pupils — stated  in  report  of  board 593G 

ATTORNEY  GENERAL- 

member  of  state  board  of  education 5,S6f> 

B 

BALLOT— 

at  meeting  to   issue   bonds— from 5945a 

for  refunding  bonds— form  of 5953 

election  of  school  directors  by 5918-5919 

BIBLE— 

no  sectarian  tenets  taught  in  school ix-S 

no  religious  instructions  in  public  school 5981 

BIENNIAL  REPORT— 

of  superintendent   of   public   instruction iv-17 

of  superintendent  of   public   instruction 5875 


INDEX.  125 

BLIND—  Section 

see  "Deaf  and  Blind." 

BLANK   BOOKS—- 
see   "Books." 
superintendent  public  instruction  print  and  furnish  teachers  and  others.. 5874 

BLANK  FORMS— 
see    "Forms." 

BLANKS— 

for  reports  supplied  by  superintendent  of  public  instruction r,'.t:t:, 

BOARD    OF  COUNTY    COMMISSIONERS— 
see    "County   Commissioners." 

BOARD   OF   DIRECTORS— 
see   "Directors." 

BOARD   OF  EDUCATION— 

see  "State  Board  of  Education." 

BOARD  OF  LAND  COMMISSIONERS— 
See   "Stale  Land  Board." 

BOND— 

of  county    superintendent— amount— approval— filing    iiSTT    . 

of  secretary  of  school  board— conditions— approval— filing 5935 

of  state  superintendent — amount — approval — where   deposited 5872 

BONDS— 

question  of  bonds  submitted  to  voters 5942 

limitation   of  bonded   debt r.942 

meeting    for    voting-    bonds    for    school    buildings,    purchasing    ground    or 

funding   debt    5942 

amount  to  be  determined  by  school  directors 5943 

notice  of   election 5944 

only   taxpayers   vote    5942 

voting  place  for   5945 

who    act    as    judges 591". 

form   of   ballot 5945a 

challenge   at   election 5945b 

returns   certified   to  board   of  directors 5945c 

••oupon  bonds   issued,   interest— payable,   etc 5945d 

bonds    negotiable    5945e 

signed    by   president    and   treasurer 5945e 

•  •ounty  commissioners   assess   tax 5945f 

tax  collected  in  cash .• 5945f 

district   treasurer   pay    bonds 5945c 

county  treasurer  pay  any  surplus  to   tin-  credit   of  the  school  district. .. .5945f 

redemption    bonds    , 5945f 

bonds    registered    how 5945g 

district   in   city   under   special   charter -. 5945h 

no    new    registration    required 5945i 

registration  books   purchased  by   county    treasurer 5945i 

removal  of  elector    « 5945k 

registration   books   returned  , "rM.'.l 

judges  of  election  receive  registration  books 59451 

petition    for  purging  registration   lists 5945m 

r< -pealing  clause    .-,!)4:.n 

redemption   of  bonds r,945f-5946 

issued    under    territorial    laws— redempt  ion    of— premium .~>f)4i; 

rnited   States  and    state— purchased  by  district  treasure!' .",9-47 

how   kept— proceeds,    interest    coupons— sale 5947 

change  of  boundary  not  release  property  from  taxes .7»jv 

annexed  property  liable  to  tax  for  bonds r,:ils 

county   treasurer's   fees    r,r»41.1 

how   executed — countersigned    .- : 

directors  refund    bonded   indebtedness 

what  laws  apply  to  issue  and   payment— except r.ord 

county   board    levy   tax— treasurer   collect ....'05L' 


126  INDEX. 

BONDS— Continued.  Section 

submission  for  refunding— against  refunding 5953 

refunding  of,   voted   upon 5953 

bonded  indebtedness  for  high  school  purposes 5977q 

challenge  in  election  for  high  school  bonds 5977q 

limit  of  bonded  indebtedness  in  high  school  bond 5977q 

high  school  bonds  countersigned  by  president  and  secretary 5977q 

high  school  bonds  to  be  registered  in  a  special  book 5977r 

commissioners  levy  tax  for  payment  of  interest  on  high  school  bonds 5977s 

district  treasurer  pay  high  school  bonds 5977s 

county  treasurer  cancel  bonds  redeemed 5977s 

redemption  of  high  school  bonds 5977t 

change  in  boundary  not  affect  taxable  district  for  high  school  bonds 5977u 

annexed  property  liable  to  tax  for  high  school  bonds 5977u 

compensation   of    county   treasurer 5977v 

BOOKS— 

see  "Blank  Books." 

used  in  schools— stated  in  report  of  board 5936 

of  secretary  open  for  inspection 5937 

BOUNDARIES— 

lines  of  district  changed— not  affect  bonds 5948 

of  school   district— county  superintendent  make  record 5885 

of  new   district  organized   from   old 5907 

lines  of  district  changed— not  affect  high  school  bonds 5977u 

BRANCHES— 

taught,  stated  in  report  of  board 5936 

common— may  be  taught  in  German  and  Spanish,   when 6010 

BUILDINGS— 

bonds  for  erecting  and  furnishing  schools - 5942 

creating  debt  to   erect  or  furnish 5919 

general  fund  not  used  for 5898 

for  district  high  schools— directors  build  or  lease,  when 5926 

BY-LAWS— 

directors   make .5924 

c 

CANCELLATION— 

of  district   bonds ? 5945f -5977s 

of   warrants    5901-5902 

CANDIDATE— 

for  school  director  in  first  and  second-class  districts 5919 

CENSUS— 

see    "School   Census." 

CENSUS  LIST— 

county    superintendent   examine,    correct 5939 

basis   of   apportionment   for  school   fund...." 5889-5890 

CERTIFICATE— 

of  secretary  to  the  record  on  appeal 6003 

of  attendance  of  child  at  school .541 

CERTIFICATES— 

state  board  grant  to  applicant  upon  appeal— when 6006 

grades   of— renewal— record    5994 

first   grade,   life   of— renewal 5994 

renewal  optional  with  county  superintendent 5994 

endorsement  of  first  grade 5994 

second  grade,    life   of 5994 

second  grade,    can  not   be  renewed 5994 

second  grade,  can  not  be  changed  without  examination 5994 

third    grade,    life   of 5994 

third   grade,    invalid,   when 5994 

like    grade    ...5994 


INDEX.  127 

CERTIFICATES— Continued.  Section 

revocation   of   certificates 5994 

permits  not   granted   5994 

expiration    of    5994 

from   other   counties   optional 5994 

appeals  from  county   superintendent £994 

of  first-class   districts 5994 

temporary 5991 

granted  by  county  superintendent— when 5991 

applicant  for  teachers,   pay  fee 5992 

expiration   of,    during  term 5990 

necessary  to  teach— expiration  of 5990 

not    required— when    5990 

renewal    of— new    5994 

expiration  of  certificate  during  term 5990 

state  diplomas  granted  by  state  board  of  education 5868 

state    certificates   granted    by   state   board    of   examinees    upon    examina- 
tion  riS69a-b 

state  diplomas  without  examination 5869c 

temporary  non-renewable   certificates   5S69f 

diplomas  granted  to  graduates  of  colleges  situated  in  Colorado,  when..5869c 

life  of  state  licenses 5869f 

requirements  for  state  diplomas 5869c 

state  diplomas  to  persons  teaching  in  the  public  high  schools,  when 5869d 

diplomas  for  eminent  service , .- 5869e 

diplomas    revoked    5870 

CHALLENGE- 

at  meeting  to  issue  bonds 5942 

of  vote   at  school   election— oath '. 5919 

CHILDREN— 

under  fourteen  not  employed  during  school  hours— exception 531-541 

between  eight  and  fourteen  sent  to  school— exception 542 

must   attend    school— exception 530 

employer  keep  record  of  school  attendance— failure— penalty 531 

employer  furnish  evidence  to  truant  officer 532 

truant  and  incorrigible— juvenile  disorderly  persons 533 

commitment    of    536 

school  board  provide  books  for  indigent 5925 

of  county  attend  union  high  school 5956 

age  of,   to  attend   kindergarten 5927 

employment  of   between  fourteen   and   sixteen  unlawful,   when 532 

during  school  hours,   unlawful 541 

under   fourteen   unlawful    531 

in  mine  or  smelter ; 547 

arrest  of  person  violating  act 548 

penalty 549 

to  exhibit  under  fourteen  unlawful 550 

to   hire   to    exhibit 551 

delinquent,    defined    586 

CHURCH— 

appropriation  to,    from   school   fund   prohibited ix-7 

CITIZEN— 

qualification    of    vii-1 

CLASSES— 

of    school    districts    5915 

CLERKS— 

of  election  appointed  in  first-class  district  s 5918 

CLOTHING— 

furnish    indigent    children : 542 

COMMITTEE— 

of   union   high   school 5956 

term    of    members ...5961 


128  -INDEX. 

COMMITTEE— Continued.  Section 

vacancies,   how  filled v 5961 

meetings  of    5961a 

powers  of    5961a 

elections   of   5971 

COMMON  SCHOOLS— 

sections  16  and  36  of   each  township  for  support  of  En.    act. 

COMPENSATION— 

of  county  treasurer  for  collecting  special  taxes 5940 

of  truant   officer    534 

of  county    superintendents    2575 

of  deputy  county  superintendents 5879 

of  teacher,  stated  in  report  of  board 5936 

of  secretary   school   board   fix 5925 

none  to  members  of  board,  except  secretary 5925 

of  deputy  county  superintendent  for  holding  examinations 5991 

of  secretary  of  high  school  committee 5961 

teacner  not  dismissed   without  receiving. 5990 

withheld  until  register  is  filed  by  teacher 5995 

COMPULSORY  EDUCATION— 

provisions    concerning    ix-11 

unlawful  to  employ  children  under  fourteen— except 541 

penalty  for  employing  children  under  fourteen 541 

of   children— exception— clothing    542 

no  school  within  two  miles— children  exempt ?A'2 

applied   to    ages    542 

demands  not  met  by  teaching  German 542 

failure  to  comply  with— misdemeanor— penalty 543 

duty  of  school   directors  to  prosecute— penalty 544 

malicious    prosecution    545 

attendance  at  night  school  equivalent  to  half  time 546 

children   sent   to   school— exception— appeal 530 

penalty  for  employing  children  under  fourteen 531 

minors    between    fourteen    and    sixteen    must    read    and    write— duty    of 

employer 532 

demands  not  met  by  teaching  German 532 

truant— juvenile  disorderly  person,   who  is 533 

truant  officer — powers — duties — record    534 

truant  officer— conviction  of  parent— bond— defense 535 

commitment   of   juvenile   disorderly  person — term — expense 536 

child  unable  to  attend  school— relief 537 

violation  of  law— penalty    538 

second  conviction — penalty — jury  trial   539 

not  apply  to  district  without  accommodations 540 

'CONSTITUTION— 

Executive    Department iv-1 

term  of  office — residence — duties — seat  of  government iv-1 

state    officers— election— returns— canvass— contests    iv-3 

eligibility— first    election— thereafter— age— residence    iv-4 

governor  appoint  officers— vacancy— election— senate   confirm iv-0 

governor  demands  information  from  officers iv-S 

officers  keep  account  of  moneys — semi-annual  reports iv-16 

officers  executive  department— biennial  report— governor  transmit iv-17 

officers  receive  salary— fees  paid  into   treasury iv-19 

superintendent  of  public   instruction,   ex-officio  librarian iv-20 

Suffrage   and    Election vii-1 

citizenship.   vii-1 

universal   suffrage    '. vii-2 

absence  in  civil  or  military  service vii-4 

privilege  of  voters vii-5 

electors  only    eligible    to   office .  ..vll-fi 


INHKX.  129 

STITU1  ION1— Continued.                                                                                          Section 
prisoners  disqualified— restoration—pardon  or  full  service vii-10 

State    Institutions    viii-1 

charitable  institutions  established viii-1 

territorial  institutions  become  state— transfer viii-5 

Education ." ix-1 

board  of  education — members — president ix-1 

f rev.  schools— one  in  each   district— three   months ix-2 

school  fund   inviolate — state   treasurer  custodian ix-3 

county  treasurer  collect  and  disburse— warrants ix-4 

school   fund— of  what   consists ix-5 

county  superintendent  commissioner  of  jands ix-r, 

aid   to  sectarian   schools,    churches   forbidden lx-7 

religious   test   forbidden— sectarian  tenets— race— color ix-8 

board   of  land   commissioners— members— powers ix-9 

public   lands— location— sale— disposal    ix-10 

compulsory  education    ix-11 

university— regents— election    ix-12 

regents   elect   president— powers ix-13 

regents    control    university— funds ix-14 

school   district— board   of  education ix-15 

text  books— general  assembly  nor  board  shall  prescribe — ix-16 

Revenue •. x 

exemption— lots— buildings   for   worship— schools x-5 

corporations  subject  to   tax x-10 

making  profit  on  public  money  felony x-13 

Public  Indebtedness xi 

lending  or  pledging  credit  of  state,  county,  city,  etc.,  forbidden xi-1 

aid  to  corporation— interest  in— by  state,  county,  city,  joint  ownership — xi-2 

loans   for  school   buildings— vote— qualifications xi-7 

this  article  not  affect   prior   obligations xi-9 

Officers xii 

civil   officers— oath    xii-S 

oath  where  filed — with  whom xii-9 

refusal  to   qualify— vacancy    xii-10 

vacancy— term  of  office— elected  to  fill xii-11 

Counties xiv 

clerk  and  recorder — sheriff — coroner — treasurer — election xiv-8 

vacancies— appointments— governor— county  commissioners   xiv-9 

elector  only  eligible   xiv-10 

classify  counties   as   to   fees xiv-15 

CONTRACTS— 

son   "Public  Contracts." 
CONVICTION— 

for  second  violation   of  compulsory  t-<hic;iti<>n    l;iw :>:!'.i 

CORPORATIONS— 

taxation    for   school    purpose's x-10 

COST— 

of  school   stated   in  report   of  board 5936 

COUNTIES— 

classification    of— for    high    school 2977a 

school    order    called 1326 

when  office  becomes  vacant l.T.9 

county    school    tax    levy 5893 

failure  to  make— penalty 5894 

COUNTY   ASSESSORS— 

arrange    t;ix    schedules— list    property    on    M;iy    1st 

«  '<  U'NTY    CT.ERK— 

levy  minimum  rate  of  tax  for  school  purposes 5894 

make    change    of    requisition 5945k 


130  INDEX. 

COUNTY  COMMISSIONERS—  Section 

fill  vacancy  in  any  county  office xiv-9 

levy  special  tax  to  pay  interest  on  bonds -. 5945f 

levy  tax  to  pay  district  bonds 5952 

fill  vacancy  in  office  of  county  superintendent 5878 

allow  mileage  to  county  superintendent,   when 2575 

provide  office,   supplies,  etc.,   for   county  superintendent 5886 

levy   high   school   tax— limit   of 5977p 

make  appropriation  for  normal  institute — issue   warrants 5996 

levy  county  school  tax— increase  minimum  rate— levy  special  tax 5893 

levy  special  school  tax  for   ensuing  year 5895 

COUNTY  COURT— 

try  parent  or  guardian  of  truant  child 535 

commit  juvenile  disorderly  person 536 

inquire  into  question   of  truancy   on   petition. 5982 

clerk   of— issue  writ   5983 

commit   from   truant   school   to   reformatory 5988 

COUNTY   OFFICERS— 

election    of    xiv-8 

vacancy   in   office — how   filled xiv-9 

qualifications .xiv-10 

COUNTY  SCHOOL  TAX— 
see   "Taxes." 

COUNTY  SUPERINTENDENTS— 

term    of    office — duties — qualifications — compensation ix-6 

ex-officio  commissioner  of  lands ix-6 

election   of    xiv-8 

vacancy   in   office— how    filled xiv-9 

notify  secretary  of  appeal— advise  parties  of  hearing 6003 

administer   oaths— decision    6005 

not  render  judgment  for  money 6007 

keep  record  of  examinations  and  applicants 5994 

revoke  teacher's  certificate— cause  of 5994 

election— term— oath  and   bond  of 5877 

failure   to  qualify— vacancy  in  office— appointment 5878 

when   office  becomes    vacant 1359 

classification  of  counties  to   regulate  salaries 2575 

compensation  of— office  hours   5886 

expenses— how  paid    5886 

appoint   deputy— how   paid    5879 

deputies  'and   assistants— compensation 2580 

of  first   class  may  employ — salary ' 2580 

annual  report  to  superintendent  of  public  instruction 5880 

penalty  for   failure   to   report .' 5882 

administer    oaths    5883 

duties   of   county  superintendent 5881 

keep  record  of  books  furnished  school  directors 5881 

public  apportionment  of  school  funds 5881 

appoint    directors    5884 

vacancies   on  boards— how  filled 5884 

director  must  reside  in   district , 5884 

boundaries   of   school   districts— record 5885 

prepare  map  of  school  district 5885 

apportionment  of  county  school   fund 588S 

certify   apportionment   of    school    fund 5888 

notify  district  secretary  of  school  apportionment 5888 

basis    of   apportionment   of   funds 5889 

apportionment 5890 

maintain  suit  against   county  treasurer 5899 

report  blind  and  deaf  persons 4334 

approve  bond   of  treasurer— file 5922 

fill  vacancy   caused   by   failure  to  qualify 5922 


INDEX.  131 

COUNTY  SUPERINTENDENTS— Continued.  Section 

call  meeting  for  organization  of  new  district  from  old 5907 

establish  and  number  new  district 5908 

transfer   to   other   districts 590S 

annex,  or  detach   territory  to  district 5909 

a  nnul  district  and  annex  territory £910 

extend  time  for  opening  school  in  new  district 5910 

divide  funds  upon  formation   of  new  district 5912 

apportion  moneys  received  from  unpaid  special   taxes  to  new  district — 5912 

hold  examination   of  teachers    5991 

collect  fee  from  applicant  for  teacher's  certificate 5992 

forward  to  superintendent  of  public  instruction 5992 

look  after  fines— penalties  and  forfeitures— report 5S97 

call   meeting  of  boards  of  directors  of  county  for  union  high  school 5956 

member  of  union  high  school   committee 5956 

fill  vacancy  in  union  high  school  committee 5977g 

call  meeting  of  directors  to  elect  county  high  school  committee 5977f 

member  of  county  high  school  committee— secretary  ex-officio 5977f 

select  normal  institute  committee— add  to  teacher's  standing  for  attend- 
ance  5996 

certify  to  county  commissioners  to  maintain  school— basis  of  estimate — 5893 

COUNTY    TREASURER— 

duties  in  relation  to  school  funds  of  county ix-4 

election    of    xiv-8 

collect   special   tax— cash— cancel    bonds 5945 

compensation   collecting   special   taxes 5949 

countersign   district   bonds 5943 

collect  taxes  to  pay  bonds— pay  to  district  treasurer 5945f-5952 

cancel    bonds    redeemed 5945f 

duties   of 5900 

keep  account  of  fund  of  each  school  district 5900 

make  annual  statement  of  school  funds— to  whom 59CO 

certify  amount  of  tax  collected  and  uncollected 5899 

failure  to  pay  over  tax— penalty 5899 

separate  account  each  district— endorse  warrants— pay  notice  of  funds — 5901 

warrants 5901 

county  treasurer  cancel  all  school  orders « 5902 

county  treasurer  render  quarterly  statement  to  school  board T..5901 

pay  orders  as  registered 1326 

county  treasurer  furnish  blanks  to  district  board 5904 

transfer  funds  of  united  district 5909 

n-tain  unpaid  special  taxes  for  new  district 5912 

report  to  county  superintendent  amount  of  fines  received 3874 

pay  high  school  tax  on  warrant '..5977p 

eustodian   of  normal  institute  fund 5996 

collect  county  school  taxes 5893 

arrange  tax  schedules   5S95 

collect  tax  for  payment  of  interest  on  high  school  bonds 5977s 

cancel  high  school  bonds  after  payment 5977s 

compensation  of — for  collection  of  special  taxes 5977v 

COUPON— 

school  directors— bonds   issued    5945d 

COURSE  OF  STfI)Y- 

school  board   fix 5925 

D 

DEAF  AND   BLIND— 

secretary  ascertain  number  blind  and  deaf 5939 

institute  located  at   Colorado   Springs 4313 

blind,   deaf  or  mute  attend- -county  superintendent's   report     support 4334 


132  INDEX. 

DEBT—  Section 

contract  only  by  vote  of  electors xi-7 

of  school  district  by   loan xi-7 

meeting  for  contracting  bonded 5942 

election  to  contract— who  vote 5919 

DECISION— 

of  county  superintendent  upon  appeal 6001-6005 

of  state  board  of  education  upon  appeal 6006 

DEFICIT— 

in  union  high  school  fund 5966 

DEPUTY— 

county  superintendent  appoint— compensation 5879 

county   superintendent  may  be  employed— compensation 2580 

DIPLOMAS— 

of  kindergarten   teachers    5927 

state   to  whom   issued 586-S 

classes  of   5869a-e 

revoked  by  state  board  of  education 5870 

of  state  normal  school  grant — evidence 6141 

license  to  teach 5869f 

DIRECTORS— 

of  school   district — number — powers    ix-15 

name  text  books  for  study  of  alcohol   and  narcotics 6011 

enforce  law— penalty 6012 

may  appeal  from  county  superintendent 6006 

call  meeting  for  issuing  bonds 5942 

may   refund   bonded   indebtedness 5950 

examine  teachers  in  district  first-class— grant  certificate— report  to  county 

superintendent.  .   .   .   5994 

furnish  clothing  to  indigent  children 542 

prose'cute  violation  of  compulsory  education  law 544 

failure  to  comply  with  the  law — penalty 544 

in  districts  of  first  and  second-class  appoint  truant  officer 534 

county  superintendent  appoint  to  fill  vacancy 5884 

board— elected  annually  in  each  district— number— classification 5915 

qualifications   of    5915 

election  of 5915 

classification  of  districts   •. 5915 

witness  fees  not  allowed 5915 

secretary  and  treasurer,    office  distinct 5915 

qualify   in   twenty   days— oath— treasurer's   bond— failuie 5922 

oath  of   5922 

qualify  in  twenty  days ..5922 

bond   of   5922 

hold  regular,  special  or  adjourned  meetings 5923 

call   special  meeting  in  district  third   class 5954 

notice  of  moeting  5954 

president  signs  orders  on   county  treasurer 5934 

president  appears   in   suit 5934 

absence  beyond  thirty  days  works  vacancy 5934 

duties  of  secretary— bond    5935 

high  school  directors  sign,  countersign  bonds  issued 5977q 

census  list    5935 

further   duties   of   secretary— report    5936 

secretary  give  notice — how , 5936 

secretary  render  statement— books  for  inspection 5937 

failure  of  secretary  to  report— duty  of  state  superintendent 5938 

control    teachers'    retirement   fund 59951) 

treasurer    countersign    warrants — account — failure — penalty    5940 

warrants— issuance   of    5940 

delinquent  officers — penalties   594] 

fill  vacancy  in  boards  of  first-class  district 5921 


INDEX.  \:\;\ 

DIRECTORS— Continued.  Section 

powers  of  directors   5925 

employ  and  discharge  teachers 5925 

enforce  rules  and  regulations  of  state  superintendent 5925 

when  provide  books,  when  free  text-books 5925 

number  of  teachers— length  of  school— opening  and  closing 5925 

fix   course   of  study— exercise— text-books,   etc 5925 

hold  real  estate  and  personal  property  in  trust 5925 

may  purchase  or  sell  school  lots 5925 

provide  school  furniture— supplies  for  board 5925 

rent,  repair,  insure,  build  or  remove  school  houses 5925 

require  teachers  to  conform  to  law 5923 

suspend  or  expel  pupils — exclude  from  school 5925 

admit  pupils  from  adjoining  districts 5925 

make  report  to  state  superintendent ,..5925 

make  report  to  county  superintendent 5925 

fix  wages,   tuition,  compensation  of  secretary 5925 

hire  teachers    5925 

school    furniture    5925 

discharge  teachers    r,925 

fix   salary    5925 

compensation  allowed  secretary 5925 

powers  of  board   5925 

tuition 5925 

fix  course  of  study— special  branches— admittance 5925 

school  houses— rent— repair— build,   etc 5925 

custodian  of  school  property 5925 

suspend  or  expel   pupils 5925 

number  teachers — time' 5925 

furnish  clothing  for  indigent 5925 

use  of  district  funds 5925 

special  levy   : 5925 

auditing  of  bills  5925 

president  and  treasurer  sign  bonds .">945o 

treasurer  pay  district  bonds 5945f 

treasurer  pay  high  school  bonds ». 5977s 

treasurer   collect  interest   coupons 5fM7-5977t 

when  changed  from  second  to  first  class  district— who  constitute? 5916 

election  of — for  new  district 5908 

when  joint  district  formed  from  first-class  district 5909 

uniting  with  lower   class— who   constitutes 5909 

order  more  than  one  voting  place  in  first-class  district r,9i,s 

candidate  for,   in  first  and  second-class  district 5919 

may  purchase  flag— flagstaff— pay  for 

not  use  general  fund  for  building  or  lots— exception 5898 

elect  high  school   committee— fill  vacancy rifltfl 

establish  district  high  school— powers— build  or  lease 5926 

may  establish  and  maintain  kindergartens £927 

not  interested  in  contract  for  district 5994 

designate  branches  to  be  taught  in  schools fiOlO 

may  admit  adults  and  non-residents  to  public  schools 6009 

levy  special  tax  for  expense  of  schools 

certify  necessary  levy  for  special'  fund 

may   order   levy   for  library 5895 

not  consider  levy  of  special  tax >:»»; 

not  employ  teacher  without  a   certificate 

elect  directors  of  consolidated  district :,'.>]]•• 

purchase  site  in  consolidated  districts ."HIM 

furnish  transportation— when   r.MId 

funds   of   consolidated   district r,'.n'2 

DISMISSAI^- 

of  teacher,    for  good   cause 


1.'U  INDEX. 

DISPLAY-  Section 

of  American  flag  5928-5929 

of  other  than  Unite'd  States  flag— penalty 2596-2597 

DISTRICTS— 

failing  to  maintain  a  school — no  funds ix-2 

organizing  of  general  provision ix-l-~> 

restriction  upon  indebtedness  by .- xi-7 

coupon  bonds  of,  issued 5942 

call  special  meetings  to  vote  on  bonds 5942 

change  in  boundary  line— not  release  property  from  bond  tax 5848 

lack  accommodations  to  se'at  children— compulsory  education  not  apply 540 

county  superintendent  keep  record  of  boundaries  of 5885 

board  of  directors  of  different  classes — officers ". 5915 

classification   of   5975 

expenses  of— secretary  keep  account  of E936 

to  be1  bodies  corporate— hold  property .- 5913 

change  from  second  to  first  class  board  of  directors 5916 

legal  school  districts  5916 

legal   district— what   constitutes    5917 

organization  of— census  list   of  new— unorganized   territory 5907 

how  legally  organized    5907 

size  of  territory  5908 

twenty  children  in  old  district 5908 

organization— optional  with  county  superintendent 5907 

de"bts,   when  liable  for 5907 

new,  how  organized— election  of  directors— persons  transferred 5908 

of  first  class,  how  divided 5908 

territory   required   5908 

number  left  in  old  district 5908 

family  transferred  to  another  district 5908 

two  or  more  contiguous— how  united 5909 

uniting  upon  a  petition  of  legal  voters \5909 

contiguous — when  voted   upon — notice    5909 

joint   organization   of    5911 

annulled  to  form  separate  district 5911 

annulled  by  county  superintendent— when  entitled   to  public  money 5910 

when  new  district  entitled  to  school  money 5910 

funds   for  new 59T  0 

school  actually  commenced   5910 

failure  to  open  school  within  six  months 5909 

apportionment  of  general   funds   in   new   district  formed   from   old 5912 

when  new  district  entitled  to  share  of  funds 5912 

property  and  moneys  of  new  district  formed  from  old 5912 

take  and  hold  real  estate— amount 5914 

power  to  condemn 5914 

belongs   to   school  district 5914 

title  obtained  through  individual 5914 

building  on   school  land t. 5914 

annual  election— notice— more  than  one  voting  place  district  first  class 5918 

candidate  for  director  in  first  and  second  class 5919 

ne'w  section,  3  M.   Rev.,   1571 2146 

new  section,  3  M.  Rev.,  1571a 2147 

of  third  class — power  of  electors 5955 

high  school   in   first  and   second  class 5926 

vote  to  build  or  release  building  for  high  school 5926 

having  children  attend  union  high  school,  support 5966 

contributing  to  high  school— election   of  committee 5971 

maintain  school   three   months— failure— no   funds 5891 

third  class,   limit  for  special  tax 5895 

property   in   on   May   1st   asse'ssed 5895 

not  reconsider  levy  of  special  tax 5896 

consolidation   defined    5911a 


INDEX.  l.T) 

DISTRICTS— Continued.  Section 

consolidation  submitted  to  vote  of  electors 5911b 

ballot  for  consolidation   5911b 

call  meeting  to  organize  district 5911c 

district  of  first  class  formed  to  other  classes 5911c 

transportation  in   5911d 

division  of  funds  in  consolidated 5912 

DOCTRINES— 

not  taught  in  public  schools ix-8 

DUTIES— 

of  truant  officer  534 

of  county  superintendent    5881 

of  high  school  committee  5961 -5977k 

of  union  high  school   committee 5961-5964-5977k 

of  state  superintendent    5873-5874-5875 

DIVISION— 

of  school  funds  upon  formation  of  new  district— basis 5912 

E 

EDUCATION— 

provision   for   schools '. ix-2-3 

ELECTION— 

who  entitled  to  vote vii-1 

wometi  entitled  to  vote : vii-2 

no  person  gains  or  loses  right  in vii-4 

voters  privileged  from  arrest  attending— except vii-5 

county  officers   xiv-8 

no  person  entitled  to  vote  while  in  prison vii-10 

of  county  superintendent    5877 

of  school  directors— classes  of  district— officers  of  board— by  ballot 5918 

annual— notices  posted— publication— ballot  5918 

annual— place— time— notice 5918 

polls   open   three  hours 5918 

judges  of  5918 

special   meeting— notice 591S 

tax  levy  reconsidered— when    5918 

school  board  not  bound  by  action  of  electors— when 5918 

moving  building— vote    5918 

judges  of— who  shall  constitute— qualification  of  electors 591!) 

to  contract  debt— who  vote— penalty   for  illegal   veto 5919 

qualification   of  electors   5919 

illegal  when • 5919 

judge  of  election  take  oath 5919 

special 5919 

residence  of  directors  .- 5919 

elector  not  a  taxpayer  can  vote— when 5919 

must  be  a  taxpayer  to  vote1  on  bonds 5919 

who  may  challenge— oath    ."919 

procuring  site  for  school  house 5919 

who  may  be  director ."919 

candidacy  when  vacancy  occurs  ."iOin 

counting  of  votes — tie — special   election 5920 

none  held  at  regular  time— special  call— no  notice— void 5920 

tie  vote — special    election    5920 

applies  to  all  school  elections '921 

to  vote  (o  build  or  lo'ase  building  for  high  school ."020 

of  union   h'gh  school  committee r>9."fi 

of  superintendent   of  public   instruction r>S7S 

of   county   high    school    committee 5977(1 

for  contracting  a  bonded   indebtedness 5942 

for   union    high    school :,9."R 


136  INDEX. 

ELECTION— Continued.  Section 

for  county  '  high   school 5977b 

of  county  high  school  committee 5977f 

for  contracting  indebtedness  for  high  school  purposes 5977q 

ELECTORS— 

qualification   of   vii-1 

se"x  no  disqualification  in  school  elections .vii-1 

qualified  elector  only  eligible  to  civil  or  military  office vii-6 

determine   amount  of  indebtedness 5942 

qualification   of  sex    5919 

at  election  to  contract  debt 5919 

qualification  of   2146 

powers  of — at  meetings — in  third-class  district 5955 

who  may  vote 5955 

site  of  school  house  determined  by 5955 

building  of  school  house  determined  by 5955 

taxes 5955 

bonds 5955 

free  text  books— vote  of  people .. 5955 

removal  of  elector  5945k 

EMPLOYER— 

hiring  children  under  fourteen  years— proof 531 

evidence  of  attendance  or  instruction  minor  employed 532 

EMINENT   DOMAIN— 

district  may  hold  real  estate 5914 

ENABLING  ACT— 

lands  for  schools 7 

seventy-two  se'ctions  for  university 10 

school  lands,  how  sold  14 

mineral  lands   excepted   15 

ENDORSEMENT— 

of  warrants  by  county  treasurer 5901 

ENGLISH  LANGUAGE— 

taught  in  public   schools 6010 

EXAMINATIONS— 

of  applicant  appeal  to  state  board .' 6006 

in  district  of  first  class 5994 

record  of  county  superintendent • 5994 

by  county  superintendent— other  than  at  county  seat. 5991 

by  deputy— compensation    , 5991 

teachers'  high  school  examination 5991 

time  of  examination   5991 

age  of  applicant   v 5991 

rules  governing  examination   5991 

only  one  set  papers  can  be  submitted 5991 

endorsing  certificates 5991 

superintendent  may  appoint  deputy  to  hold ' 5991 

special  certificate  for  high  school 5991 

answers  filed   5991 

appeal 5991 

for  admission  to  union  high  school 5969-5977 

for  state  diploma  : 5869 

medical— by  te'acher    5995a 

EXECUTIVE  COMMITTEE— 

of  normal  institutes— how  appointed— duties— report— transmit  funds 5996 

EXEMPTION— 

from  taxation— of  what  property x-5 

EXPENSES— 

of  trial— transportation  of  juvenile  disorderly  person— county  pay 536 

of  district— secretary  keep  account  5936 

of  purchasing  and  displaying  flag 5930 

of  normal  institute— how  paid 5996 


IXDKX.  137 

KX  I  -ENSES— Continued.  Section 

of  superintendent  of  public  instruction 5875 

of  school   paid  by   special   tax— when 5895 

EXPULSION— 

of  pupils,   by  school  board 5925 

F 

FAILURE— 

of  county  treasurer  to  pay  over  moneys  collected 5899 

FEE— 

applicant  for  teacher's  certificate— pay 5992 

registration,   for  normal   institute ( 5996 

FINANCES— 

secretary  render  statement  of 5939 

of  school   district— treasurer  make   statement 5940 

FINES— 

to  comply  with  the  law  on  alcoholic  drinks  and  narcotics 6012 

for  employing  children  during  school  hours— violation 541 

director  fail  to  prosecute 543-544 

of  employer  failing  to  compel  instruction  of  minor  in  employ 530-532 

for  violation  compulsory  education  law 538 

for  failure  of  county  superintendent  to  report 5882 

of  county  treasurer  to  pay  over  tax 5899 

for  failure  to  publish  call  for  payment  of  school  warrants 1826 

of  secretary  to  make  reports 5936 

of  treasurer  to  perform  duties — turn  over  moneys 5940 

for  superintendent  or  officer  failing  to  perform  duties 5941 

collected  by  justice  of  the  peace— payable  to  school  fund 3874 

county  treasurer  to  render  statement 3875 

for  displaying  other  than'  U.  S.  flag 2598 

for  violation  of  school  law — injunction — mandamus  contempt  where  paid.. 5897 

for  being  interested  in  contract 4995 

for  failure  to  levy  school  tax 5894 

for  teaching  without  certificate  ' 5990 

for  failure  to  file  register 5995 

FLAGS— 

may   be   purchased— displayed— when    5928 

directors  to  purchase  and  display  U.  S.  flag 5928 

each  department  keep  flag— size 5929 

expense   and   care   of 5930 

applies  to  all  institutions 5931 

in  jury  to 5932 

superintendent  of  public  instruction  publish  act • £933 

display   of— other  than   U.   S.— exception 2597 

violation 2598 

FORFEITED— 

money   by  any   district 5900 

FORFEITURES— 

for  violation  of  school  law— where— county  treasurer  place  credit r>s97 

for  failure  to  maintain  school .>!<: 

FORMS— 

state  superintendent   to  print  and  furnish :.s7l 

for  making  reports — printed    with   school  law 5874 

for  reports  supplied  by  superintendent   of  public  instruct  ii.n r^TJ-fiW, 

oath  of  school  officers see  appendix  No.    1 

county  superintendent's  bond see  appendix  No.    2 

petition  to  form  new  district see  appendix  No.    3 

order  directing  notice  of  meeting  to  form  now  district ...  .see  appendix  No.    4 

notice  of  meeting  for  organization  of  new  district see  appendix  No.    r, 

bond  of  district  treasurer  or  secretary see  appendix  No.    6 

reque'st  for  special  meeting  by  ten  legal  voters see  appendix  No.    7 


138  INDEX. 

FORMS— Continued.  Section 

notice  of  special   meeting see  appendix  No.    8 

notice  of  annual  meeting see  appendix  No.    9 

record  of  meeting  for  organization  of  new  district see1  appendix  No.  10 

record  of  regular  or  special  meetings see  appendix  No.  11 

notification  of  apportionment  by  county  superintendent.  ..see  appendix  No.  12 
teachers'   contract    see  appendix  No.  13 

FUNDS— 

can  not  be  transferred  to  other  fund ix-3 

custodian— state   treasurer   ix-3 

how  distributed  among  counties ix-3 

how   invested— loss— how    supplie'd    '. ix-3 

of  public  school — interest  only  expended ix-3 

public  school  fund  of  the  state ix-3 

of  county  and  school  district — how  collected  and  distributed... ix-4 

of  public  school — from  what  derived ix-5 

public  school  of  the  state ix-5 

contribution    to    sectarian    institutions    prohibited ix-7 

of  university— regent  control   ix-14 

teachers'    retirement    5995b-d 

mode  of  securing  teachers'   retirement 5995d 

for  medical  examination    5995a-b 

making   profit   forbidden    public    officers x-13 

embezzlement  of— makes   person   ineligible   to  hold   office xii-4 

floating  debt— bonds  for 5942 

funding  floating  debts  for  high  school   purposes 5977q 

county  superintendent  apportion  general  school  fund  of  county. 5888 

basis  of  apportionment   5889 

county  treasurer  makes  annual  statement  of 5900 

treasurer  publish   statement   of  district 5922 

apportionment  of  general   5887 

of  united  district  county  treasurer  transfer 5909 

division  of,  upon  formation  of  new  district 5912 

of  new   district    5912 

city  treasurer  pay  over  all  moneys  in  school 3875 

general  school  funds  not  used  for  building  purposes,   etc 5898 

legal  use  of  general 5898 

illegal    use    of    school 5898 

normal    institute 5992 

applicant  for  teacher' s  certificate  pay  fee 5992 

state  normal  institute  fee  turned  into  treasurer 5993 

apportionment   of   normal   institute    5892 

forfeiture  of  by   district— when 5897 

penal,  paid  to  county  treasurer 5897 

items    of    5897 

not  loaned  or  invested 1821 

officers  not  loan   1822 

no  benefit  from  deposit 1823 

penalty 1824 

for  union  high   school-deficit    5966 

special  school,   for  maintaining  kindergartens 5927 

state    normal     ; 6125 

amount  of  state  school 5875 

apportionment  of    5887 

distribution 5887 

forest  reserve 5898a 

FURNITURE— 

school   board   provide    , 5925 


GENERAL  SCHOOL  FUND— 
see  "Fund." 


INDEX.  13  J) 

GERMAN—  Section 

taught  in  public  schools— when 6010 

GOVERNOR— 

issue  proclamation  for  Arbor  Day 2944 

appoint  trustees  of  the  state  normal  school 6130 

GRADES— 

of  certificates  by  county  superintendent 5994 

GROUND— 

bonds  for  purchasing  school 50  L' 

GUARDIAN— 

of  truant  child  fined— imprisoned 535 

GYMNASTICS— 

taught  in  public  schools— when 6010 

H 

HEARING— 

see  "Appeals." 

HIGH  SCHOOLS— 

union  high  schools  how  established — committee   of — open   to   whom 5956 

high    school   committee— term— vacancies— meetings 5961 

maintenance— deficit 5966 

term  of  session  of  school 5969 

qualifications   for  admittance * 5969 

admission  of  pupils — no  tuition  from  resident 5970 

every  district  contributing  has  voice  in  election 5971 

union  high  school  in  county,  fourth  and  fifth  classes — organized 5972 

how  supported— buildings 5973 

addition  of  outlying  districts   attaching  district  in  adjoining  county 5974 

not    affect    organized    district 5975 

school   board— election    5976 

qualification  of  pupils  to  enter  union  high  schools 5977 

county  high  schools   5977a 

in  counties  of  second,  third,  fourth  and  fifth  classes— how  organized 5977b 

election  for   5977b 

notices  posted  for   voting 5977c 

who  may  vote5— form  of  ballot E977d 

canvass   of  vote  for   5977e 

record  of  vote  preserved 5977f 

term  of  members  of  high  school  committee 5977g 

meetings  of  high  school  committee 5977h 

a  corporate  body 5977i 

board   may   hold   real  estate1 5977J 

powers   and    duties   of   committee ' .5977k 

powers   and   duties   of  president 59771 

powers  and  duties  of  secretary 5977m 

powers  and  duties  of  treasurer 5977n 

powers  and   duties   of   directors— unchanged 5977o 

tax  levied  by  county  commissioners 5977p 

bonded  indebtedness  of   5977q 

challenge  of  elector— oath   5977q 

bonds  to  be  registered  in  special   book 5977r 

commissioners  levy  tax  for  payment  of  interest,  etc 5977s 

bonds  to  be   redeemed 5977t 

change  in  boundary  not  affect  taxable  district 5977u 

compensation  of  county  treasurer 5977v 

special   meetings    5977w 

what  high  school  district  subject  to  provisions  of  this  act n977x 

certificates   in    .- 5991 

HIGH  SCHOOL  COMMITTEE— 
sco  "High  School." 

HIGH   SCHOOL   FUND— 
see  "Fund." 


140  INDEX. 

HIGH  SCHOOL   TAX—  Section 

see  "Tax." 

HOLIDAYS— 

school  year — month — week — day — national   holidays    6013 

what  constitutes   a   legal   holiday G013 

Arbor  Day,   third  Friday   in  April 2942 

how  observed  in  schools   2943 

governor  issues  proclamation,   report  of   county  superintendent 2944 

Colorado   Day    2945-2946 

Columbus   Day   2948 

Election  Day    ' 2949 

Labor  Day 2947 

effect  on  negotiable  instruments  and  return  days 2940 

HUMANE  TREATMENT  OF  ANIMALS— 

to  be  taught  in  public  schools 6010 

HYGIENE— 

taught  in  public  schools 6010 

I 

ILLEGAL— 

voting   punished 5919 

IMMORAL—      • 

books,   papers,    etc.,    exclude'd  from   schools  and  libraries...- 5925 

INDEBTEDNESS- 

limit  of  bonded 5942 

of  school  district  refunded — new  bonds  issued  in  payment 5950 

INDIGENT— 

parent  or  guardian— officer  report .537 

INSPECTION— 

secretary's  books  open  for 5937 

county   superintendent's  books  open   for  inspection 5881 

INSTITUTES— 

see   "Normal  Institutes." 

INSURE— 

school  houses— school  board  may 592:1 

INTEREST— 

public   school   fund    only   expended ix-C 

on    school    district    bonds 5945d 

on  bonds— special  levied  to  pay : 5945f 

on  United  States  and  state  bonds 5947 

on  refunding  bonds — on  new  bonds 5950 

on  school  warrants— when  cease  5901 

INDEBTEDNESS— 

of    school     districts— restrictions 5943-5977q-xi-l 

J 

JOINT  DISTRICT— 
see   "Districts." 

JUDGES  OF  ELECTION— 

administer   oath    .* 5945b 

in  first-class  districts 5918 

president,   secretary  and   treasurer  of  school  board   act  as 5919 

administer  oath  to  challenged  voter 5919 

count— declare'  results— transmit   report 5920 

in  high  school  election 5977e 

receive  registration   books    59451 

JUDGMENT— 

state   superintendent  or   county   superintendent   not  render   for   money  —  6007 

JUSTICE  OF  THE  PEACE— 

report  of  amount   of  fines  collected  payable  to  general   fund 3874 


INIMOX.  141 

JUVENILE  DISORDERLY    PERSON  Section 

who   is    533 

commit  rru-nt     of     536 

K 

KINDERGARTEN— 

school  board   may  establish   and   maintain — age   of  children 5927 

part  of  public  system — teachers   have  diplomas 5927 

<  .Ttificates 5927 

L 

LAND  BOARD— 

see  "State   Land   Board." 

LAWS— 

of  state  issuance  of  school  district  and  refunding  bonds 5951 

of  state1  registration    59451-m 

LEVY— 

see  "Taxes." 

LIBRARIAN— 

ex-offlcio — .superintendent    of    public    instruction iv-20 

assistant— appointment— duties— salary 5876 

LIBRARY— 

number    of   volumes    in    and    the   amount    raised   for— stated    in    report    of 

board 5936 

immoral  books,   etc.,  excluded  from   school 5925 

directors   may  levy   special   tax   for 5S95 

LICENSE— 

"Certificate." 

LIMIT— 

of  bonded  indebtedness    5943 

of  tax  levied  for  high  school  purposes 5977p 

of  taxes  for  county  purpose's 5893 

of  special   tax  in  third-class   district 5895, 

of  levy  of  taxes  for  school  purposes— none 1187 

a  levy  of  tax  for  payment  of  interest  on  bonds 5977s 

LOSS— 

of  any  part  of  public  school  fund ix-.l 

of  school  district  by  neglect  of  treasurer 5940 

LOTS— 

general    fund    not    used    for 5898 

M 

MAINTENANCE— 

of  union  high  school— length  of  school   year "963-596') 

of   kindergartens— special    school    fund 5927 

high    schools    ~>'.'77p 

MALICIOUS    PROSECUTIONS— 

under   compulsory   education    law a  in 

MAP 

of  boundaries   of  district — county  superintendent    prepare 5S85 

M  F.ETTNGS— 

for  organizing  union  high   school rrr.fl 

for   contracting  bonded   debt — special   first  and   second-class   districts 5942 

board   of  directors— regular,    special    or   adjourned 5923 

special   in    district   of   third    class— petition— notice 5954 

of  school  board  and   district— president   preside  over 5934 

secretary   record   proceedings   of 5935 

secretary   give   notice   of 5936 

to   vote  upon   free   text   books H925 

for  organization  of  new   districts 5907 

for    uniting    districts    5909 


142  INDEX. 

MEETINGS— Continued.  Section 

of  electors  in  third-class  district— officers 5955 

of  boards  of  directors  of  county 5977f 

of  union  high   school   committee. 5961a 

of  high  school  committee 5977h 

of   state    board   of   education    5867 

for   organizing  county   high   school 5977b 

of  state   board   of   examiners 5869a 

MISDEMEANOR— 

persons  employing  children  during  school  hours — guilty  of 541-543 

failure  to  publish  call  for   payment  of  school  warrants 182(3 

superintendent  or  officer  failing  to  perform  duty— guilty  of 5941 

MILEAGE— 

of   county   superintendent — county   commissioners   may   allow — exception.. 2575 

MONEY— 

amount  of— received— expended,   etc.,  by  school  board 5936 

MONTH— 

school — what    constitutes 6013 

MUTES— 

see '"Deaf  and   Blind." 

N 

NARCOTICS— 

see   "Alcoholic  Drinks  and  Narcotics." 

NEGOTIABILITY— 

of   school   district   bonds 5945e 

NON-RESIDENTS— 

admitted    to   deaf   and   blind   school 4334 

admitted  to  public  schools — when 6009 

NORMAL  DISTRICTS— 

number    of— boundaries     5996 

NORMAL   INSTITUTE   FUND- 

see   "State  Normal  Institute  Fund." 

how   created — how  disbursed    5996 

.state    normal    institute    fund 5S92-5993 

state  divided  into  districts,   classification  of  counties — who  conduct 5996 

expenses   of— how   paid— registration   fee 5996 

appropriation   by   county   commissioners 5996 

number   of— boundaries    5996 

where    held— when— conductor— instructor    5996 

five  per  cent,   credit  for  attendance  at 5996 

session    of     '. 5996 

teacher  not  paid   for   attendance 5996 

pay   for   service's   as    conductor 5996 

time  and  place   of— how   determined 5996 

fee : 5996 

NOTICE— 

by  county  superintendent  of  appeal 6003 

to  adverse  parties  upon  appeal 6003 

to  director  of  violation  of  compulsory  education  law 544 

of  funds  to  pay  warrants 5901 

for  presentation  of  school   order  for  payment 1326 

of  election  to  contract  bonded  indebtedness 5942-5944 

of  special  meeting  in  district  of  third  class 5954 

of  meetings — secretary   give    5936 

of  meeting  to  organize  new   district  from  old 5907 

of  meeting  to  unite  district 5909 

of  meeting  to  organize  joint   district 5911 

for   consolidation   of   districts 5911b 

of  meeting  to  organize  united   high  school 5956 

of  election  for  organizing  county  high  school 5977b-c 

of  annual   election— how  and  where  posted 5918 


L43 

NOTICE— Continued.  Section 

publish— failure    to   give    5918 

of  intention  to  be  candidate   for  director— publication  of 5919 

of  special  election— failure   to   give 5920 

of  election  to  contract  bonded  indebtedness  for  hig-h  school  purposes  —  5977q 

of  examination    by    county    superintendent 5991 

of  meeting  to  fill  vacancy  in  high  school  committee 5977g 

of  examination  for  state  diploma 5869a 

thirty  days  before  reyocation  of  state  diploma 5870 

to   county   superintendent   of  apportionment   of  state   school   fund 5887 

o 

OATH— 

upon    appeal    6005 

president   of   state   board   of   education    administer 6006 

administered    to    challenged    voter 5945b 

of  county  superintendent    5877 

county  superintendent  administer  to   directors,   etc 5883 

of  directors— filed   5922 

of    challenged    voters    .5919 

of  office — trustees   of   state   normal   school   take 6130 

of   state   superintendent  of   public   instruction 5872 

administered    to    challenged    voter 5877q 

OFFICE— 

county   superintendent — commissioners   provide    5880 

keep  open   when    5886 

OFFICER— 

of   school — failing   to   enforce   act 6012 

subscribe   oath    to    support    constitution    xii-8 

failing    to    qualify    office    becomes    vacant xii-10 

elect   to   fill   vacancy— term    expires xii-11 

duty — failing   or  refusing   to   perform 5941 

not    interested    in   public   contract 4994 

OFFICE  SUPPLIES— 

of    superintendent    of    public    instruction .5875 

OFFICERS— 

certain   officers   file  oaths   with   secretary   of  state xii-9 

of  board    of   directors— term— powers    5915 

of  new    districts    from   portions    of   old 590S 

of  county    high    school    committee    5977f-5977g 

of   union   high    school    committee 5956-59(51 

<  OFFICIAL  BOND— 
see   "P.ond." 

OMISSION— 

of  county  commissioner  to  levy  school   tax 5S94 

ORDERS— 

see    "Warrants." 

ORGANIZATION— 

of  board   of  directors   in   first-class    district .'!M.~ 

of  new   district   from   old    5907-590S 

of  joint    district    5911 

of  consolidated    districts     "911b-c 

of  union    high    school    ">!»."»• 

'if  county    high    school    f»977b-f 


PARENTAL  OR  TRUANT   SCHOOLS— 

see    "Truant   Schools." 
PENALTY— 

see   "Fines." 


144  INDEX. 

PENSION—                                                                                                                            Section 
teachers'   retirement   fund 5995b 

PERSONAL,  PROPERTY— 

school   board  hold   in   trust *. 5925 

PERSON'S— 

of  school  'age  stated  in  report  of  board 5936 

PETITION— 

of  voters  to  purge  registration  lists 5945m 

of  special  meeting  in  district  of  third  class 5954 

for  organization  of  new  district   5907 

to  annex   or  detach  territory   to   district 5909 

to  submit  question  of  county  high  school— contents 5957 

to  commit  child  to  truant  school— contents— verification 59S2 

to  consolidate    districts    5911b 

to  organize  joint  districts    5911 

to  organize   county   high  school 5977b 

PLACE— 

of  holding  annual   election 5918 

of  holding  normal   institutes    5996 

POWERS— 

of  truant  officer 534 

of  directors  of  first  and  second  class 5915 

of  directors    to    make    by-laws 5924 

of  election  in  'district  of  third  class 5955 

of  high    school    committee    '. 5977k 

of  directors   over   district   high   schools 5926 

of  school  board    5925-5927-5928 

of  president  of  high  school  board , 59771 

of  secretary   of  high   school   board 5977m 

of  treasurer  of  high  school  board 5977n 

of  directors    unchanged    5977o 

of  directors  in   regard  to  bonds 5942 

PREMIUM— 

on   district  bonds  issued  under  territory 5946 

PRESENTATION— 

of  school  orders  for  payment 1826-5900 

PRESIDENT— 

of  high  school  committee,   powers 59771 

of  directors  sign  bond   5945e 

administer   oath  to  directors 5922 

preside  at  meetings  of  school  board  and  district 5934 

sign  orders  on  county  treasurer— appear  in  suits 5934 

of  school  board  act  as  judges  of  election 5919-5945-5977d 

PRESIDENT  OF  STATE  AGRICULTURAL  COLLEGE— 

recommend  member  of  state  board  of  examiners 5869 

PRESIDENT  OF  STATE   BOARD  OF  EDUCATION— 

administer  oaths   upon  appeal— render   decision 5866-6006 

PRESIDENT   OF  STATE  NORMAL  SCHOOL— 

assist  in  fixing  time  and  place  of  building  normal  institutes ...5996 

recommend  member  of  state  board  of  examiners 5869 

PRESIDENT  STATE  SCHOOL  OF  MINES— 

recommend  member  of  state  board  of  examiners 5869 

PRESIDENT   OF    STATE   UNIVERSITY— 

recommend  member  of  state  board  of  examiners 5869 

PRINTING— 

of   school   laws— how   paid 5874 

registers   and   blank    books— how   paid 5874 

test  charts  for  medical   examination 5873b 

PROPERTY— 

annexed  to  district  liable  to  bond  tax 5948 

of  new  district  formed  from  old ...5912 


i  MUOX.  145 

PUBLICATION—  Section 

of   county    examinations    5991 

of  call  of  payment  of  school  warrants— failure— penalty 1826 

of  statement  of  district  funds  in  first-class  district 5922 

of  notice  of  annual  election   5918 

of  notices  for  voting  on  bonds 5944 

PUBLIC   CONTRACTS— 

officers  not  interested   in   4994 

penalty 4995 

officer  dealing  in  warrants-  penalty    1820 

PUBLIC   INDEBTEDNESS— 

restrictions    concerning    xi-1,  2 

PUBLIC  INSTITUTIONS— 

educational — supported    by    state    viii-1 

what   are   educational    viii-5 

PUBLIC  MONEYS— 

embezzlement   of— makes  person  ineligible   to   hold   office xii-4 

PUBLIC   SCHOOL   INCOME   FUND— 
see    "Funds." 

PUBLIC  SCHOOL— 

age  of  pupils  who   may   attend ix-2 

at  least  three'  months'  school  in  each  district ix-2 

providing  for  establishment  and   maintenance   of  free ix-2 

no   sectarian  doctrines  taught  in '. ix-8 

attendance   at   night 546 

number  of— stated  in  report  of  board 5936 

school  board  exclude  immoral  books,  etc.,  from 5925 

school  board  fix  time  for  opetiing  and  closing 5925 

public— defined . ..!6008 

taught   in   English    language— Spanish— German 6010 

humane    treatment    to   animals 6010 

German   when    taught    6010 

certificates— special   teachers    6010 

public— open  to  children  of  school  age 5990 

who  entitle'd   to   privileges    6009 

must  be   maintained   three   months— failure 5981 

maintain   organization— entitled    to   fund 5891 

PUNISHMENT— 

of  illegal  voting   5919 

PUPILS— 

no  distinction  of— in  public  school ix-8 

number     in     school— number    enrolled— attendance     stated     in     report     of 

board 5936 

school  board  require  to  be  furnished  with  books 5925 

suspend   or   expel— exclude  under  six  years ' 5925 

admitted   from    adjoining   district— tuition 5925 

Q 

QUALIFICATIONS— 

of    electors    vii-1 

of  elector  for  any  civil  or  military  office vii-fi 

religious   test   or   qualification    prohibited •. ix-s 

of   county   officers    xiv-10 

of  electors   to   vote   on  bonds :.5945 

< .f  teachers   5869f-5991-5994 

of  voters  at  school  election 5931 

at   election  to  contract  debt 5919 

for  admission   to   district    high   school 5926 

for  admission  tc   union  high  schooL ",970-5977 

for  conductor  or  instructor  of  normal    institute 5996 

of  application   for  stale   diploma r.S(;Oa-to-f 

of   electors  to  voto   on    high   school   bonds 5977q 


140  INDEX. 

QUESTIONS—  Section 

for  examination  of  teachers  prepared  by  state  superintendent 5873-5994 

for    examination    of    kindergarten    teachers 5927 

R 

REAL   ESTATE— 

school    board,    hold    in    trust 5925 

district  take   and   hold,    amount 5914 

RECOMMENDATION— 

for  members   of  state   board   of  examiners 5869 

of   state   superintendent    of   public   instruction 5875 

RECORDER— 

of   county  registe'r  high   school    bonds 5977r 

RECORDS— 

of  bonds    issued 5945g-5947 

of  transaction   of   truant    officers    534 

of  county  superintendent's   office   open   to   inspection 5881 

of   organization   of    new   districts 5908 

of  joint    district     5911 

REDEMPTION— 

of  high  school  bonds   5977-s-t 

of    bonds— manner     5945f-5946 

of  refunding    bonds— of    new    bonds 5950-5952 

REFUNDING— 

bonded   indebtedness   of  school   district 5950 

REGENTS  OF  UNIVERSITY— 

election— term    of    office— body    corporate ix-12 

shall   elect  president— term   of   office— duties , ix-13 

shall  have  control  of  funds  of  university ix-14 

REGISTERS— 

state  superintendent  to  print  and  furnish 5874 

teacher   keep    daily— file    with    secretary 5995 

additional— kept    by   teacher    5995 

REGISTRATION  FEE— 
see   "Fee." 

REGISTRY— 

of  school   district   bonds— when— how 5945f 

of    water    for    bonded    indebtedne'ss 5945f 

RELIGION— 

instructions  in  not  to  be  given  in  parental  or  truant  school 5981 

inmates  of  such  school  may  receive  training  in 5981 

RELIGIOUS    SERVICE— 

teachers    and   stude'nts    not    required    to    attend ix-8 

REMOVAL— 

of    officer— when    4995 

of  teacher  5925-5977k 

RE  NT- 
school  house — school   board  may 5925-5977k 

REPAIR— 

school  houses— school  board  may 5925-5977k 

REPORT— 

of  high  school  committee 5977k 

see   "Bietinial  Report." 

of  certificates  granted  by  directors  of  first-class  districts 5994 

annual    of  county   superintendent 5880 

penalty  for  failure'  of  county  superintendent  to  make 5882 

secretary  to  preserve  copies  of 5935 

make  annually— what  contain    5936 

of  school  board — annual    5925 

to  state  superintendent  5925 

of  election— judges  make  and  transmit 5920 

of  fines  collected  by  justice'  of  peace 3874 


INDEX.  147 

REPORT— Continued.  Section 

•  if  county  treasurer  of  amount  of  fines  received 

county  superintendent  make  annual  of  Arbor  Day 2944 

of  teacher  for  medical  examination 5995a 

RESIDENCE— 

of  an  unmarried  person 5939 

REVOCATION— 

of  certificate  by  county  superintendent 5994 

of  state  diploma  5870 

RULES— 

of  state  superintendent— board   enforce 5925-5977k 

of  meetings  in  third-class  districts 5955 

state  board  of  education  adopt 5867 

s 

SALARY— 

of  county  superintendent -2'>~7, 

of  assistant  state  librarian  5876 

SCHOOL— 

see  "Public  school." 

SCHOOL  AGE— 

defined  C014 

SCHOOL  BOARDS— 
see   "Directors." 

SCHOOL  BUILDINGS— 
see  "Buildings." 

SCHOOL  CENSUS— 

secretary  take  annually— forward   to  county  superintendent 5935 

copy  for  districts  of  first  and  second  class 5935 

of  new  district    5907 

basis  of  division  of  school  fund  in  new  district 5912 

define'd 6014 

of  joint   districts 5911 

SCHOOL  DAY— 

what  constitutes   6013 

SCHOOL  DISTRICTS— 
see  "Districts." 

SCHOOL  FUND— 
see   "Funds." 

SCHOOL  FURNITURE— 
see   "Furniture." 

SCHOOL  FOR  DEAF  AND  BLIND— 
see'  "Deaf  and  Blind." 

SCHOOL  GROUNDS— 

creating-  debt  to  purchase  5919 

district  may  hold  real  estate 5914 

SCHOOL   HOUSES— 

number  and  value  stated  in  report  of  board 5936 

school  board  may  rent,  insure,  build  or  remove 5925-5977k 

of  new  district  formed  from  old 5912 

site  of— fixe'd  by  electors  in  third-class  district 5955 

sale  of— electors  in  third-class  district 5955 

building  or  removing  of 5925-5977k 

SCHOOL  LANDS— 

sections  16  and  36  are En.  Act-1 

seventy-two  sections  for  university En.  Act-H 

how-sold—price v En.  Act-14 

mineral  lands  excepted    En.  Act-15 

SCHOOL  LAWS— 

published  by  superintendent  of  public  instruction 15874 

how  distributed    ...5874 


148  INDEX. 

SCHOOL  LOTS—  Section 

see   "Directors   and  Electors." 

exempt  from  taxation  x-5 

directors    purchase    or    sell— when .• 5925 

directors   may  hold— when    5925-5977i-j-5914 

SCHOOL  MONTH— 
see  "Month." 

SCHOOLS— 

see  "Public  Schools." 

SCHOOL  YEAR— 
se'e  "Year." 

SEAL— 

of  district  attached  to  bonds 5945e-5977 

SECTARIAN  INSTITUTIONS— 

appropriations  to,   from  school  fund  prohibited ix-7 

SECRETARY  OP  HIGH  SCHOOL  COMMITTEE— 

give  notice  of  meeting 5956-5961-5977f 

SECRETARY  OF  SCHOOL  BOARD— 
see  "Secretary." 

SECRETARY— 

see  "Directors"  and  "Elections." 

file  transcript  in  office  of  county  superintendent— certify  it 6003 

ascertain  number  of  blind  and  deaf  mutes 5939 

preside  in  absence  of  president 5934 

give  bond— conditions— approval— where  filed   5935 

duties  of 5935-5936-5937 

failure  to  file  report  and  census  list 5938 

school  board  to   fix  compensation 5925 

give  notice  of  annual  election— failure 5918 

publish  or  post  notice  of  candidates  for  election 5919 

act  as  judges  of  election 5919 

furnish  ballots   5919 

vacancy  of  office  of  5934 

SECRETARY  OF  STATE— 
'     member  of  state  board  of  education 5866 

SEX— 

right  of  suffrage  to  women  of  lawful  age vii-2 

no  disqualification  to  vote  at   school  election 5919 

SPANISH— 

taught  in  public  schools— when 6010 

SPECIAL  BUILDING  FUND— 

see  "Funds"   and   "Special  Tax." 

SPECIAL  SCHOOL  TAX— 
see  "Special  Tax." 

SPECIAL  TAX— 

to  pay  interest  on  bonds— cash 5945f-5947 

amount  of — for  support  of  schools,   etc 5936 

to  pay   school   expenses— when   commissioners  '  levy 5893 

directors  certify  amount  commissioners  levy— payable  in  cash 5895 

not  reconsider  levy  of 5896 

.to  pay  interest  on  high  school  bonds  for  high  school  purposes 5977p-s 

STATE  AUDITOR— 

approve  bond  state  superintendent  public  instruction 5872 

draw  warrants  for  printing  school  laws 5874 

draw  warrant  for  state  school  funds 5887 

draw  warrant  for  normal  school  fund 6128 

STATE   BOARD   OF  EDUCATION— 

who   shall    constitute— powers— duties    ix-1 

not  prescribe  text  books ix-1 6 

appeal  to,  from  county  superintendent 6006 

not  render  judgment  for  money 6007 

who  shall  constitute 5866 


INDEX.  149 

STATI-:   r.<>ARD  OF  EDUCATION— Continued.  Section 

meeting  and   powers   of 5867 

grant  diplomas   5868 

state  diplomas  revoked  by 5870 

appoint  state  board   of  examiners 5869 

grant  state  diplomas  on  recommendation  of  state  board  of  examiners.. 5869a-f 

mt  honorary  state  diplomas 5869e 

Mt   certificates  to  graduates  of  colleges  within  state 5869f 

STATE  BOARD  OF  EXAMINERS— 

who  constitutes   5869 

STATE  BONDS— 
see  "Bonds." 

STATE  BOARD  OF  LAND  <  '<  >M.\!  1SSK  >NKRS— 

who   constitutes— powers    ix-9 

duties  of — general  assembly  provide  for  sale ix-10 

STATE  DIPLOMAS— 
see  "Diplomas." 

STATE  NORMAL,  INSTITUTE  FUND 

how   constituted    5993-5996 

apportioned— used 5892 

STATE  NORMAL  SCHOOL— 

established  at  Greeley   6125 

trustees — corporate'  powers — seal    6129 

governor  appoint   trustees— oath— term— superintendent   of   public   instruc- 
tion member    6130 

maintenance  of   6128 

STATE  SCHOOL  FUND— 
see  "Funds." 

STATE  .SUPERINTENDENT    OF   PUBLIC    INSTRUCTION— 
'Superintendent   of   Public   Instruction." 

STATE   UNIVERSITY— 

regents  of— terms  ix-12 

president  of—  ex-officio  member  of— duties   ix-13 

duties  of  board  of  regents , ix-14 

STUDY— 

"Course   of  Study." 
of  alcoholic   drinks   and    narcotics 8011 

SUFFRAGE— 

see   "Election." 

eligibility  to  office    : vii-4 

SUITS- 

to  recover  fines,  penalties  and  forfeitures .".897 

SUPERINTENDENT   OF  PUBLIC  INSTRUCTION'— 

executive    department    consist    of   whom iv-1 

who   eligible    ". iv-4 

ex-officio   state  librarian iv-20 

president  of  state  board   of  education ix-1 

member  of  state  board  of  land   commissioners jx.p 

take  oath  to  support   constitution xii-S 

dirr-et   apportionment  of  general   fund— when :.O:N 

publish  flag  act  with  school   law :,-. in- 
pay  examination  fees   to   state  treasurer 

apportion   state   normal    institute    fund ,~R02 

promote  observance   of  arbor  day ;]r>n 

certify  to  state  auditor  number  of  I'ersons  attending  normal   institute 5996 

assist  in  fixing  time  and  place  of  holding  normal  institutes ."006 

president  state'  board  of  education... :,M;I; 

president   state  board   of  examiners 

member  board  of  trustees  of  state  normal  school 6130 

when  elected— term ."S71 

oath   and    bond    ."S72 

office— duties -powers r,x7^ 


150  INDEX. 

SUPERINTENDENT  OF  PUBLIC  INSTRUCTION— Continued.  Section 

furnish  registers  and  blank  books 5874 

approve  bills  for  printing-  school  laws t 5874 

certify  to  state  treasurer  for  blanks 5874 

publish  school  laws .5874 

supervision  of  county  superintendent  and  public  schools 5874 

biennial   report — visits — expenses    5875 

governor  may  require  information  of 5875 

apportionment  of  school  fund— certify 5887 

assistant  librarian— salary  5876 

prepare  test  cards,   blanks,   etc.,  for  medical   examination  of   children   in 
the   public   schools    5873a 

SUSPENSION— 

of  pupils  by  school  board 5925 

T 

TAX— 

see  "Special  Tax." 

to  pay  principal  of  bonds— interest 5945f 

amount  of— fixed  by  ele'ctors  in  third-class  district 5955 

minimum  levy  for  general  fund 5895 

limit  of  levy  for  high  school— collection— paid  out 5977f 

no  increase  beyond  legal  rate  to  provide  for  truant  school 5979 

for  payment  of  high  school  bonds 5977s 

for  payment  of  district  bonds 5945f 

TAXATION— 

what  property  exempt x-5 

TAXES— 

to   pay   bonds — commissioners   levy 5945f 

county  treasurer  certify  amount  collected  and  uncollected 5899 

county  commissioners  levy  county  school— basis— limit 5893 

county  school— paid  in  cash '. 5893 

apportionment  of  two-mill  levy 5893 

duties  of  county  commissioners  in  regard  to  levy 5893 

legal  custodian   5893 

county  clerk  must  levy— officers  failing— forfeiture 5894 

for  library— special  school  fund 5895 

school  board  certify 5895 

to  pay  high  school  bonds — commissioners  levy 5977s 

for  maintaining  high  school 5977p 

levy  not  to  be  considered 5896 

levy  can  not  be  changed 5896 

TEACHERS— 

number  employed  stated  in  report  of  board— amount  paid 5936 

school  board  determine  number • 5925 

board  required  to  conform  to  law 5925 

employed  and  discharged  by   school   board 5925 

examination   of   5991 

pay  examination  fee   5992 

of  kindergarten— have  diplomas   5927 

examination  of,   for  state  diplomas 5868-5869a 

granted  state   diplomas    5868-5869a 

granted   temporary   non-renewable    5869f 

must  have   license— expiration— proviso 5990 

dismissal  of— for  cause  only  5990 

license'  of— qualifications 5869a-5991 

no   compensation    without   license 5990 

employment  of  5990 

special    subjects    required    of 5991 

certificate,   expiration  of   5990 

certificates,  endorsement  of.  5991 

teacher  keep  register — statistics — blanks    5995 


INDKX.  151. 

TEACHERS— Continu.  1 1.  Section 

notify  county  superintendent  of  beginning  and   close  of  term 5995 

reports— forfeiture   of  salary   upon   failure 5995 

jurisdiction   of    5995 

special 5990 

directors'   power   over  pupil   and    teacher 5925 

dismissal  of  5925-5977K 

no  appeal   on  unaccepted  papers   from   another  county 5995 

medical  examination  of  children  in  the  public  schools 5995a 

retirement  fund  of 5995b-c 

appeal  to  state  board  of  education 6006 

TEACHERS'  NORMAL  INSTITUTES— 
see  "Normal  Institutes." 

TERM- 

of   office   of  county   superintendent 5877 

of  office  of  school  directors   and  officers 5915 

of  office  of  directors  appointed  first-class  districts 5924 

of  school  fixed  by  school  board 5925-5977k 

of  office  of  directors  in  new  district 5908 

of  office  of  high    school    committee 5926-5961 

of  office  of  union  high  school  committee 5961-5976 

of  school  year  of  high  school   5925-5969-5977k 

of  office  of  superintendent   of  public   instruction 5898 

of  office'  of  directors  in  joint  districts 5909 

of  office  of  directors  in  consolidated   districts    5911c 

of  office  of  county  high  school  committee 5977g 

TERRITORY— 

annexed   or   detached   from   district 5909-5911-5911a 

TESTIMONY— 

taken  upon  appeal  from  directors 6005 

none  taken  upon  appeal  from  county  superintendent 6006 

TEXT  BOOKS— 

prohibition  in   regard   to ix-16 

when   furnished   free 5925-5977k 

school  board  designate  kind— not  changed— exception 5925 

TIE— 

vote   at   regular  election 5920 

TIME— 

of  apportionment  of  general  school   fund 5887 

of  holding   institutes    5996 

of  annual  election   5918 

of  examination    5991 

TRANSCRIPT— 

of  record  upon  appeal  to  county  superintendent : 6003 

of  proceedings  before  county  superintendents -..6006 

TREASURER  OF  SCHOOL,  BOARD— 

act  as  judge  of  election  for  bonds 5945 

of  school  district  advertised— pay  district  bonds 5945f-fi977s 

purchase    territorial   bonds— premium    5946 

invest  funds  in  United  States  bonds— record S94fi 

collect  interest  coupons— turn  over  proceeds E947 

failure  to  publish  call  for  school   warrants— misdemeanor 1826 

give  bond— publish  statement  of  district  funds  in  first-class  district 5922 

countersign  and  keep  account  of  warrants .">940-5977p 

take?  charge   of  moneys— pay  same  out 59-10 

render  statement— failure   to   perform   duties 5940-5941 

act  as  judge  of  election  5919 

of  high  school   committee 5077n 

TRUANT— 

habitual  to  be  brought  before  county  court 59S2 

committed  to  parental   or  tnuint    school— appeal 5983 

expense   of,   how   paid 5984 


151*  INDEX. 

TRUANT  OFFICER—  Section 

directors  in  first  and  second-class  districts  appoint 534 

compensation— powers— duties— record ,  .534 

make  complaint  to  county  court 535-536 

report  indigent  parents  or  guardian 537 

duty  under  parental  or  truant  school  act 5982 

TRUANT  SCHOOLS— 

no  religious  test   ix-S 

parent  or  truant  child  fined— imprisoned 535 

to  be  established  when— where   5978 

building— site— location— no  increase  of  levy 5979 

duty  of  board  of  education  to  furnish— of  city  where  established 5979 

powers  and  duties  of  officers — course  of  instruction — teachers 5980 

no  religious   instructions  in— regulation 5981 

child  committed  to— by  county  court  on  petition 59c2 

parent  notified  of  proceedings  to  commit  to 59S2 

hearing — commitment — notice  to  parent 5983 

parent  or  guardian  pay  maintenance '. 5984 

board  of  education  make  rules  for  parole 5985 

discharge— re-commitment— monthly  report   5986 

violation  of  parole— re-committed 5987 

incorrigible'  child  committed  to  juvenile  reformatory ; 5988 

established  in  cities  over  25,000  under  100,000 5989 

TRUSTEES— 

of  state  normal  school— number— powers 6129 

governor  appoint— term  of  office— oath 6130 

superintendent  of  public  instruction— member 6130 

TUITION— 

school  board  determine  rate  for  non-residents 5925 

TUITION  FEE- 

determined  by  school   board 592o-5977k 

from  non-residents  of  high  school  districts 5925  Sec. 15 

u 

UNION  HIGH  SCHOOL— 

see  "High  School." 
UNITED  STATES   BONDS— 

see'  "Bonds." 

V 

VACANCY—     , 

in  office  of  county  superintendent — how  filled i:>".0 

of  school  directors— how  filled 5884 

of  school  director   5922 

in-  board  of  directors — absence  may  work 5934 

in  boards  of  first-class  districts 5924  • 

on  judges  of  election— how  filled  5919 

in  county  high  school  committee— how  filled 5977g 

of  union  high  school  committee— how  filled  5961 

in  judges  of  election  for  high  school 5977d 

in  judges  of  election  for  bonds 5977  e 

VIOLATION— 

of   compulsory   education   law— penalty 538 

VISITS— 

of  superintendent  of  public  instruction 5.S7.1 

VOTE— 

of  elector  rejected— when 5919-5945b-5977q 

VOTER— 

see   "electors." 

upon  issuance  of  bonds— challenge 5945b-5977q 

two  may  give  notice  of  annual  election 5918 

in   annual   ele'ction— challenge 5919 


INDEX.  153 

w 

WAGES—  Section 

school  board  fix  amount  <>f  and   pay . . . 5925-5977q 

of  truant  officer   .'...':;  1 

WARRANTS— 

endorsed  by  county  treasurer— listed— draw   interest— paid 5901 

in  excess  of  tax  levy  unlawful 5901 

county  treasurer  pay  in  order  of  registration — notice  to  present 1326 

failure  of  county  treasurer  to  publish  call  for  payment  of 1826 

upon  county  treasurer— president  sign— drawn  to  person  indebted 5934 

secretary   draw  and   countersign £935 

secretary  draw  and  countersign— keep  register  of 5935 

treasurer  countersign  and  keep  account  of 5940 

not  drawn  for  payment  of  delinquent  officer 5941 

rate  of  school  interest— endorsed  thereon 3164 

officer  not  deal  in   4994 


YEAR— 

pahool   begin-end    5925-5977k-6013 


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